[114th Congress Public Law 322]
[From the U.S. Government Publishing Office]
[[Page 1627]]
WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION ACT
[[Page 130 STAT. 1628]]
Public Law 114-322
114th Congress
An Act
To provide for improvements to the rivers and harbors of the United
States, to provide for the conservation and development of water and
related resources, and for other purposes. <<NOTE: Dec. 16, 2016 - [S.
612]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Water
Infrastructure Improvements for the Nation Act. 33 USC 2201 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Infrastructure Improvements for the Nation Act'' or the ``WIIN Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--WATER RESOURCES DEVELOPMENT
Sec. 1001. Short title.
Sec. 1002. Secretary defined.
Subtitle A--General Provisions
Sec. 1101. Youth service and conservation corps organizations.
Sec. 1102. Navigation safety.
Sec. 1103. Emerging harbors.
Sec. 1104. Federal breakwaters and jetties.
Sec. 1105. Remote and subsistence harbors.
Sec. 1106. Alternative projects to maintenance dredging.
Sec. 1107. Great Lakes Navigation System.
Sec. 1108. Funding for harbor maintenance programs.
Sec. 1109. Maintenance of harbors of refuge.
Sec. 1110. Donor ports and energy transfer ports.
Sec. 1111. Harbor deepening.
Sec. 1112. Implementation guidance.
Sec. 1113. Non-Federal interest dredging authority.
Sec. 1114. Transportation cost savings.
Sec. 1115. Reservoir sediment.
Sec. 1116. Water supply conservation.
Sec. 1117. Drought emergencies.
Sec. 1118. Leveraging Federal infrastructure for increased water supply.
Sec. 1119. Indian tribes.
Sec. 1120. Tribal consultation reports.
Sec. 1121. Tribal partnership program.
Sec. 1122. Beneficial use of dredged material.
Sec. 1123. Great Lakes fishery and ecosystem restoration.
Sec. 1124. Corps of Engineers operation of unmanned aircraft systems.
Sec. 1125. Funding to process permits.
Sec. 1126. Study of water resources development projects by non-Federal
interests.
Sec. 1127. Non-Federal construction of authorized flood damage reduction
projects.
Sec. 1128. Multistate activities.
Sec. 1129. Planning assistance to States.
Sec. 1130. Regional participation assurance for levee safety activities.
Sec. 1131. Participation of non-Federal interests.
Sec. 1132. Post-authorization change reports.
Sec. 1133. Maintenance dredging data.
Sec. 1134. Electronic submission and tracking of permit applications.
[[Page 130 STAT. 1629]]
Sec. 1135. Data transparency.
Sec. 1136. Quality control.
Sec. 1137. Report on purchase of foreign manufactured articles.
Sec. 1138. International outreach program.
Sec. 1139. Dam safety repair projects.
Sec. 1140. Federal cost limitation for certain projects.
Sec. 1141. Lake Kemp, Texas.
Sec. 1142. Corrosion prevention.
Sec. 1143. Sediment sources.
Sec. 1144. Prioritization of certain projects.
Sec. 1145. Gulf Coast oyster bed recovery assessment.
Sec. 1146. Initiating work on separable elements.
Sec. 1147. Lower Bois d'Arc Creek Reservoir Project, Fannin County,
Texas.
Sec. 1148. Recreational access at Corps of Engineers reservoirs.
Sec. 1149. No wake zones in navigation channels.
Sec. 1150. Ice jam prevention and mitigation.
Sec. 1151. Structural health monitoring.
Sec. 1152. Kennewick Man.
Sec. 1153. Authority to accept and use materials and services.
Sec. 1154. Munitions disposal.
Sec. 1155. Management of recreation facilities.
Sec. 1156. Structures and facilities constructed by Secretary.
Sec. 1157. Project completion.
Sec. 1158. New England District headquarters.
Sec. 1159. Buffalo District headquarters.
Sec. 1160. Future facility investment.
Sec. 1161. Completion of ecosystem restoration projects.
Sec. 1162. Fish and wildlife mitigation.
Sec. 1163. Wetlands mitigation.
Sec. 1164. Debris removal.
Sec. 1165. Disposition studies.
Sec. 1166. Transfer of excess credit.
Sec. 1167. Hurricane and storm damage reduction.
Sec. 1168. Fish hatcheries.
Sec. 1169. Shore damage prevention or mitigation.
Sec. 1170. Enhancing lake recreation opportunities.
Sec. 1171. Credit in lieu of reimbursement.
Sec. 1172. Easements for electric, telephone, or broadband service
facilities.
Sec. 1173. Study on performance of innovative materials.
Sec. 1174. Conversion of surplus water agreements.
Sec. 1175. Projects funded by the Inland Waterways Trust Fund.
Sec. 1176. Rehabilitation assistance.
Sec. 1177. Rehabilitation of Corps of Engineers constructed dams.
Sec. 1178. Columbia River.
Sec. 1179. Missouri River.
Sec. 1180. Chesapeake Bay oyster restoration.
Sec. 1181. Salton Sea, California.
Sec. 1182. Adjustment.
Sec. 1183. Coastal engineering.
Sec. 1184. Consideration of measures.
Sec. 1185. Table Rock Lake, Arkansas and Missouri.
Sec. 1186. Rural western water.
Sec. 1187. Interstate compacts.
Sec. 1188. Sense of Congress.
Sec. 1189. Dredged material disposal.
Subtitle B--Studies
Sec. 1201. Authorization of proposed feasibility studies.
Sec. 1202. Additional studies.
Sec. 1203. North Atlantic Coastal Region.
Sec. 1204. South Atlantic coastal study.
Sec. 1205. Texas coastal area.
Sec. 1206. Upper Mississippi and Illinois Rivers.
Sec. 1207. Kanawha River Basin.
Subtitle C--Deauthorizations, Modifications, and Related Provisions
Sec. 1301. Deauthorization of inactive projects.
Sec. 1302. Backlog prevention.
Sec. 1303. Valdez, Alaska.
Sec. 1304. Los Angeles County Drainage Area, Los Angeles County,
California.
Sec. 1305. Sutter Basin, California.
[[Page 130 STAT. 1630]]
Sec. 1306. Essex River, Massachusetts.
Sec. 1307. Port of Cascade Locks, Oregon.
Sec. 1308. Central Delaware River, Philadelphia, Pennsylvania.
Sec. 1309. Huntingdon County, Pennsylvania.
Sec. 1310. Rivercenter, Philadelphia, Pennsylvania.
Sec. 1311. Salt Creek, Graham, Texas.
Sec. 1312. Texas City Ship Channel, Texas City, Texas.
Sec. 1313. Stonington Harbour, Connecticut.
Sec. 1314. Red River below Denison Dam, Texas, Oklahoma, Arkansas, and
Louisiana.
Sec. 1315. Green River and Barren River, Kentucky.
Sec. 1316. Hannibal Small Boat Harbor, Hannibal, Missouri.
Sec. 1317. Land transfer and trust land for Muscogee (Creek) Nation.
Sec. 1318. Cameron County, Texas.
Sec. 1319. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 1320. Hamilton City, California.
Sec. 1321. Conveyances.
Sec. 1322. Expedited consideration.
Subtitle D--Water Resources Infrastructure
Sec. 1401. Project authorizations.
Sec. 1402. Special rules.
TITLE II--WATER AND WASTE ACT OF 2016
Sec. 2001. Short title.
Sec. 2002. Definition of Administrator.
Subtitle A--Safe Drinking Water
Sec. 2101. Sense of Congress on appropriations levels.
Sec. 2102. Preconstruction work.
Sec. 2103. Administration of State loan funds.
Sec. 2104. Assistance for small and disadvantaged communities.
Sec. 2105. Reducing lead in drinking water.
Sec. 2106. Notice to persons served.
Sec. 2107. Lead testing in school and child care program drinking water.
Sec. 2108. Water supply cost savings.
Sec. 2109. Innovation in the provision of safe drinking water.
Sec. 2110. Small system technical assistance.
Sec. 2111. Definition of Indian Tribe.
Sec. 2112. Technical assistance for tribal water systems.
Sec. 2113. Materials requirement for certain Federally funded projects.
Subtitle B--Drinking Water Disaster Relief and Infrastructure
Investments
Sec. 2201. Drinking water infrastructure.
Sec. 2202. Sense of Congress.
Sec. 2203. Registry for lead exposure and advisory committee.
Sec. 2204. Other lead programs.
Subtitle C--Control of Coal Combustion Residuals
Sec. 2301. Approval of State programs for control of coal combustion
residuals.
TITLE III--NATURAL RESOURCES
Subtitle A--Indian Dam Safety
Sec. 3101. Indian dam safety.
Subtitle B--Irrigation Rehabilitation and Renovation for Indian Tribal
Governments and Their Economies
Sec. 3201. Definitions.
Part I--Indian Irrigation Fund
Sec. 3211. Establishment.
Sec. 3212. Deposits to fund.
Sec. 3213. Expenditures from fund.
Sec. 3214. Investments of amounts.
Sec. 3215. Transfers of amounts.
Sec. 3216. Termination.
Part II--Repair, Replacement, and Maintenance of Certain Indian
Irrigation Projects
Sec. 3221. Repair, replacement, and maintenance of certain indian
irrigation projects.
[[Page 130 STAT. 1631]]
Sec. 3222. Eligible projects.
Sec. 3223. Requirements and conditions.
Sec. 3224. Study of Indian irrigation program and project management.
Sec. 3225. Tribal consultation and user input.
Sec. 3226. Allocation among projects.
Subtitle C--Weber Basin Prepayments
Sec. 3301. Prepayment of certain repayment obligations under contracts
between the United States and the Weber Basin Water
Conservancy District.
Subtitle D--Pechanga Water Rights Settlement
Sec. 3401. Short title.
Sec. 3402. Purposes.
Sec. 3403. Definitions.
Sec. 3404. Approval of the Pechanga Settlement Agreement.
Sec. 3405. Tribal Water Right.
Sec. 3406. Satisfaction of claims.
Sec. 3407. Waiver of claims.
Sec. 3408. Water facilities.
Sec. 3409. Pechanga Settlement Fund.
Sec. 3410. Miscellaneous provisions.
Sec. 3411. Authorization of appropriations.
Sec. 3412. Expiration on failure of enforceability date.
Sec. 3413. Antideficiency.
Subtitle E--Delaware River Basin Conservation
Sec. 3501. Findings.
Sec. 3502. Definitions.
Sec. 3503. Program establishment.
Sec. 3504. Grants and assistance.
Sec. 3505. Annual letter.
Sec. 3506. Prohibition on use of funds for Federal acquisition of
interests in land.
Sec. 3507. Sunset.
Subtitle F--Miscellaneous Provisions
Sec. 3601. Bureau of Reclamation Dakotas Area Office permit fees for
cabins and trailers.
Sec. 3602. Use of trailer homes at Heart Butte Dam and Reservoir (Lake
Tschida).
Sec. 3603. Lake Tahoe Restoration.
Sec. 3604. Tuolumne Band of Me-Wuk Indians.
Sec. 3605. San Luis Rey settlement agreement implementation.
Sec. 3606. Tule River Indian Tribe.
Sec. 3607. Morongo Band of Mission Indians.
Sec. 3608. Choctaw Nation of Oklahoma and the Chickasaw Nation Water
Settlement.
Subtitle G--Blackfeet Water Rights Settlement
Sec. 3701. Short title.
Sec. 3702. Purposes.
Sec. 3703. Definitions.
Sec. 3704. Ratification of compact.
Sec. 3705. Milk river water right.
Sec. 3706. Water delivery through milk river project.
Sec. 3707. Bureau of reclamation activities to improve water management.
Sec. 3708. St. Mary canal hydroelectric power generation.
Sec. 3709. Storage allocation from Lake Elwell.
Sec. 3710. Irrigation activities.
Sec. 3711. Design and construction of MR&I System.
Sec. 3712. Design and construction of water storage and irrigation
facilities.
Sec. 3713. Blackfeet water, storage, and development projects.
Sec. 3714. Easements and rights-of-way.
Sec. 3715. Tribal water rights.
Sec. 3716. Blackfeet settlement trust fund.
Sec. 3717. Blackfeet water settlement implementation fund.
Sec. 3718. Authorization of appropriations.
Sec. 3719. Water rights in Lewis and Clark National Forest and Glacier
National Park.
Sec. 3720. Waivers and releases of claims.
Sec. 3721. Satisfaction of claims.
Sec. 3722. Miscellaneous provisions.
[[Page 130 STAT. 1632]]
Sec. 3723. Expiration on failure to meet enforceability date.
Sec. 3724. Antideficiency.
Subtitle H--Water Desalination
Sec. 3801. Reauthorization of Water Desalination Act of 1996.
Subtitle I--Amendments to the Great Lakes Fish and Wildlife Restoration
Act of 1990
Sec. 3901. Amendments to the Great Lakes Fish and Wildlife Restoration
Act of 1990.
Subtitle J--California Water
Sec. 4001. Operations and reviews.
Sec. 4002. Scientifically supported implementation of OMR flow
requirements.
Sec. 4003. Temporary operational flexibility for storm events.
Sec. 4004. Consultation on coordinated operations.
Sec. 4005. Protections.
Sec. 4006. New Melones Reservoir.
Sec. 4007. Storage.
Sec. 4008. Losses caused by the construction and operation of storage
projects.
Sec. 4009. Other water supply projects.
Sec. 4010. Actions to benefit threatened and endangered species and
other wildlife.
Sec. 4011. Offsets and water storage account.
Sec. 4012. Savings language.
Sec. 4013. Duration.
Sec. 4014. Definitions.
TITLE IV--OTHER MATTERS
Sec. 5001. Congressional notification requirements.
Sec. 5002. Reauthorization of Denali Commission.
Sec. 5003. Recreational access for floating cabins at TVA reservoirs.
Sec. 5004. Gold King Mine spill recovery.
Sec. 5005. Great Lakes Restoration Initiative.
Sec. 5006. Rehabilitation of high hazard potential dams.
Sec. 5007. Chesapeake Bay grass survey.
Sec. 5008. Water infrastructure finance and innovation.
Sec. 5009. Report on groundwater contamination.
Sec. 5010. Columbia River Basin restoration.
Sec. 5011. Regulation of aboveground storage at farms.
Sec. 5012. Irrigation districts.
Sec. 5013. Estuary restoration.
Sec. 5014. Environmental banks.
TITLE I--WATER RESOURCES DEVELOPMENT
SEC. 1001. <<NOTE: Water Resources Development Act of 2016. 33 USC
2201 note.>> SHORT TITLE.
This title may be cited as the ``Water Resources Development Act of
2016''.
SEC. 1002. <<NOTE: 33 USC 2201 note.>> SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary of the
Army.
Subtitle A--General Provisions
SEC. 1101. YOUTH SERVICE AND CONSERVATION CORPS ORGANIZATIONS.
Section 213 of the Water Resources Development Act of 2000 (33
U.S.C. 2339) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
[[Page 130 STAT. 1633]]
``(c) Youth Service and Conservation Corps Organizations.--The
Secretary, to the maximum extent practicable, shall enter into
cooperative agreements with qualified youth service and conservation
corps organizations for services relating to projects under the
jurisdiction of the Secretary and shall do so in a manner that ensures
the maximum participation and opportunities for such organizations.''.
SEC. 1102. <<NOTE: 33 USC 2232 note.>> NAVIGATION SAFETY.
The Secretary shall use section 5 of the Act of March 4, 1915 (38
Stat. 1053, chapter 142; 33 U.S.C. 562), to carry out navigation safety
activities at those projects eligible for operation and maintenance
under section 204(f) of the Water Resources Development Act of 1986 (33
U.S.C. 2232(f)).
SEC. 1103. EMERGING HARBORS.
Section 210 of the Water Resources Development Act of 1986 (33
U.S.C. 2238) is amended--
(1) in subsection (c)(3) by striking ``for each of fiscal
years 2015 through 2022'' and inserting ``for each fiscal
year''; and
(2) by striking subsection (d)(1)(A) and inserting the
following:
``(A) In general.--For each fiscal year, if priority
funds are available, the Secretary shall use at least 10
percent of such funds for emerging harbor projects.''.
SEC. 1104. FEDERAL BREAKWATERS AND JETTIES.
(a) In General.--The Secretary, at Federal expense, shall establish
an inventory and conduct an assessment of the general structural
condition of all Federal breakwaters and jetties protecting harbors and
inland harbors within the United States.
(b) Contents.--The inventory and assessment carried out under
subsection (a) shall include--
(1) compiling location information for all Federal
breakwaters and jetties protecting harbors and inland harbors
within the United States;
(2) determining the general structural condition of each
breakwater and jetty;
(3) analyzing the potential risks to navigational safety,
and the impact on the periodic maintenance dredging needs of
protected harbors and inland harbors, resulting from the general
structural condition of each breakwater and jetty; and
(4) estimating the costs, for each breakwater and jetty, to
restore or maintain the breakwater or jetty to authorized levels
and the total of all such costs.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a report
on the results of the inventory and assessment carried out under
subsection (a).
SEC. 1105. REMOTE AND SUBSISTENCE HARBORS.
Section 2006 of the Water Resources Development Act of 2007 (33
U.S.C. 2242) is amended--
(1) in subsection (a)(3) by inserting ``in which the project
is located, or the long-term viability of a community that is
located in the region that is served by the project and that
will rely on the project,'' after ``community''; and
(2) in subsection (b)--
[[Page 130 STAT. 1634]]
(A) in paragraph (1) by inserting ``and communities
that are located in the region to be served by the
project and that will rely on the project'' after
``community'';
(B) in paragraph (4) by striking ``local
population'' and inserting ``regional population to be
served by the project''; and
(C) in paragraph (5) by striking ``community'' and
inserting ``local community and communities that are
located in the region to be served by the project and
that will rely on the project''.
SEC. 1106. <<NOTE: 33 USC 2326d.>> ALTERNATIVE PROJECTS TO
MAINTENANCE DREDGING.
The Secretary may enter into agreements to assume the operation and
maintenance costs of an alternative project to maintenance dredging for
a Federal navigation channel if the costs of the operation and
maintenance of the alternative project, and any remaining costs
necessary for maintaining the Federal navigation channel, are less than
the costs of maintaining such channel without the alternative project.
SEC. 1107. GREAT LAKES NAVIGATION SYSTEM.
Section 210(d)(1)(B) of the Water Resources Development Act of 1986
(33 U.S.C. 2238(d)(1)(B)) is amended in the matter preceding clause (i)
by striking ``For each of fiscal years 2015 through 2024'' and inserting
``For each fiscal year''.
SEC. 1108. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.
Section 2101 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2238b) is amended--
(1) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``The target total'' and inserting
``Except as provided in subsection (c), the target total'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Exception.--If the target total budget resources for a fiscal
year described in subparagraphs (A) through (J) of subsection (b)(1) is
lower than the target total budget resources for the previous fiscal
year, the target total budget resources shall be adjusted to be equal to
the lesser of--
``(1) 103 percent of the total budget resources appropriated
for the previous fiscal year; or
``(2) 100 percent of the total amount of harbor maintenance
taxes received in the previous fiscal year.''.
SEC. 1109. <<NOTE: 33 USC 2238d.>> MAINTENANCE OF HARBORS OF
REFUGE.
The Secretary is authorized to maintain federally authorized harbors
of refuge to restore and maintain the authorized dimensions of the
harbors.
SEC. 1110. DONOR PORTS AND ENERGY TRANSFER PORTS.
Section 2106 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2238c) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(B) by inserting after paragraph (1) the following:
[[Page 130 STAT. 1635]]
``(2) Discretionary cargo.--The term `discretionary cargo'
means maritime cargo for which the United States port of
unlading is different than the United States port of entry.'';
(C) in paragraph (3) (as redesignated)--
(i) by redesignating subparagraphs (A) through
(D) as clauses (i) through (iv), respectively, and
indenting appropriately;
(ii) in the matter preceding clause (i) (as
redesignated) by striking ``The term'' and
inserting the following:
``(A) In general.--The term''; and
(iii) by adding at the end the following:
``(B) Calculation.--For the purpose of calculating
the percentage described in subparagraph (A)(iii),
payments described under subsection (c)(1) shall not be
included.'';
(D) in paragraph (5)(A) (as redesignated), by
striking ``Code of Federal Regulation'' and inserting
``Code of Federal Regulations''; and
(E) by adding at the end the following:
``(8) Medium-sized donor port.--The term `medium-sized donor
port' means a port--
``(A) that is subject to the harbor maintenance fee
under section 24.24 of title 19, Code of Federal
Regulations (or a successor regulation);
``(B) at which the total amount of harbor
maintenance taxes collected comprise annually more than
$5,000,000 but less than $15,000,000 of the total
funding of the Harbor Maintenance Trust Fund established
under section 9505 of the Internal Revenue Code of 1986;
``(C) that received less than 25 percent of the
total amount of harbor maintenance taxes collected at
that port in the previous 5 fiscal years; and
``(D) that is located in a State in which more than
2,000,000 cargo containers were unloaded from or loaded
onto vessels in fiscal year 2012.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``donor ports''
and inserting ``donor ports, medium-sized donor
ports,''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``and''
at the end; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) shall be made available to a port as either a
donor port, medium-sized donor port, or an energy
transfer port, and no port may receive amounts from more
than 1 designation; and
``(C) for donor ports and medium-sized donor ports--
``(i) 50 percent of the funds shall be equally
divided between the eligible donor ports as
authorized by this section; and
``(ii) 50 percent of the funds shall be
divided between the eligible donor ports and
eligible medium-sized donor ports based on the
percentage of the total harbor maintenance tax
revenues generated at each eligible donor port and
medium-sized donor port.'';
(3) in subsection (c)--
[[Page 130 STAT. 1636]]
(A) in the matter preceding paragraph (1), by
striking ``donor port'' and inserting ``donor port, a
medium-sized donor port,''; and
(B) in paragraph (1)--
(i) by striking ``or shippers transporting
cargo'';
(ii) by striking ``U.S. Customs and Border
Protection'' and inserting ``the Secretary''; and
(iii) by striking ``amount of harbor
maintenance taxes collected'' and inserting
``value of discretionary cargo'';
(4) by striking subsection (d) and inserting the following:
``(d) Administration of Payments.--
``(1) In general.--If a donor port, a medium-sized donor
port, or an energy transfer port elects to provide payments to
importers under subsection (c), the Secretary shall transfer to
the Commissioner of U.S. Customs and Border Protection an amount
equal to those payments that would otherwise be provided to the
port under this section to provide the payments to the importers
of the discretionary cargo that is--
``(A) shipped through the port; and
``(B) most at risk of diversion to seaports outside
of the United States.
``(2) Requirement.--The Secretary, in consultation with a
port electing to provide payments under subsection (c), shall
determine the top importers at the port, as ranked by the value
of discretionary cargo, and payments shall be limited to those
top importers.'';
(5) in subsection (f)--
(A) in paragraph (1) by striking ``2018'' and
inserting ``2020'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Division between donor ports, medium-sized donor
ports, and energy transfer ports.--For each fiscal year, amounts
made available to carry out this section shall be provided in
equal amounts to--
``(A) donor ports and medium-sized donor ports; and
``(B) energy transfer ports.''; and
(C) in paragraph (3)--
(i) by striking ``2015 through 2018'' and
inserting ``2016 through 2020''; and
(ii) by striking ``2019 through 2022'' and
inserting ``2021 through 2025''; and
(6) by adding at the end the following:
``(g) Savings Clause.--Nothing in this section waives any statutory
requirement related to the transportation of merchandise as authorized
under chapter 551 of title 46, United States Code.''.
SEC. 1111. HARBOR DEEPENING.
Section 101(a)(1) of the Water Resources Development Act of 1986 (33
U.S.C. 2211(a)(1)) is amended--
(1) in the matter preceding subparagraph (A) by striking
``the date of enactment of this Act'' and inserting ``the date
of enactment of the Water Resources Reform and Development Act
of 2014 (Public Law 113-121)'';
(2) in subparagraph (B) by striking ``45 feet'' and
inserting ``50 feet''; and
[[Page 130 STAT. 1637]]
(3) in subparagraph (C) by striking ``45 feet'' and
inserting ``50 feet''.
SEC. 1112. <<NOTE: 33 USC 2238 note.>> IMPLEMENTATION GUIDANCE.
Section 2102 of the Water Resources Reform and Development Act of
2014 (Public Law 113-121; 128 Stat. 1273) is amended by adding at the
end the following:
``(d) Guidance.--Not later than 90 days after the date of enactment
of the Water Resources Development Act of 2016, the Secretary shall
publish on the website of the Corps of Engineers guidance on the
implementation of this section and the amendments made by this
section.''.
SEC. 1113. <<NOTE: 33 USC 2326e.>> NON-FEDERAL INTEREST DREDGING
AUTHORITY.
(a) In General.--The Secretary may permit a non-Federal interest to
carry out, for an authorized navigation project (or a separable element
of an authorized navigation project), such maintenance activities as are
necessary to ensure that the project is maintained to not less than the
minimum project dimensions.
(b) Cost Limitations.--Except as provided in this section and
subject to the availability of appropriations, the costs incurred by a
non-Federal interest in performing the maintenance activities described
in subsection (a) shall be eligible for reimbursement, not to exceed an
amount that is equal to the estimated Federal cost for the performance
of the maintenance activities, with any reimbursement subject to the
non-Federal interest complying with all Federal laws and regulations
that would apply to such maintenance activities if carried out by the
Secretary.
(c) Agreement.--Before initiating maintenance activities under this
section, a non-Federal interest shall enter into an agreement with the
Secretary that specifies, for the performance of the maintenance
activities, the terms and conditions that are acceptable to the non-
Federal interest and the Secretary.
(d) Provision of Equipment.--In carrying out maintenance activities
under this section, a non-Federal interest shall--
(1) provide equipment at no cost to the Federal Government;
and
(2) hold and save the United States free from any and all
damage that arises from the use of the equipment of the non-
Federal interest, except for damage due to the fault or
negligence of a contractor of the Federal Government.
(e) Reimbursement Eligibility Limitations.--Costs that are eligible
for reimbursement under this section are the costs of maintenance
activities directly related to the costs associated with operation and
maintenance of a dredge based on the lesser of--
(1) the costs associated with operation and maintenance of
the dredge during the period of time that the dredge is being
used in the performance of work for the Federal Government
during a given fiscal year; or
(2) the actual fiscal year Federal appropriations that are
made available for the portion of the maintenance activities for
which the dredge was used.
(f) Audit.--Not earlier than 5 years after the date of enactment of
this Act, the Secretary may conduct an audit on any maintenance
activities for an authorized navigation project (or a separable element
of an authorized navigation project) carried out under this section to
determine if permitting a non-Federal interest to carry out maintenance
activities under this section has resulted in--
[[Page 130 STAT. 1638]]
(1) improved reliability and safety for navigation; and
(2) cost savings to the Federal Government.
(g) Termination of Authority.--The authority of the Secretary under
this section terminates on the date that is 10 years after the date of
enactment of this Act.
SEC. 1114. TRANSPORTATION COST SAVINGS.
Section 210(e)(3) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(e)(3)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) Additional requirement.--In the first report
submitted under subparagraph (A) following the date of
enactment of the Water Resources Development Act of
2016, the Secretary shall identify, to the maximum
extent practicable, transportation cost savings realized
by achieving and maintaining the constructed width and
depth for the harbors and inland harbors referred to in
subsection (a)(2), on a project-by-project basis.''.
SEC. 1115. RESERVOIR SEDIMENT.
(a) In General.--Section 215 of the Water Resources Development Act
of 2000 (33 U.S.C. 2326c) is amended to read as follows:
``SEC. 215. RESERVOIR SEDIMENT.
``(a) In General.--Not later than 180 days after the date of
enactment of the Water Resources Development Act of 2016 and after
providing public notice, the Secretary shall establish, using available
funds, a pilot program to accept services provided by a non-Federal
interest or commercial entity for removal of sediment captured behind a
dam owned or operated by the United States and under the jurisdiction of
the Secretary for the purpose of restoring the authorized storage
capacity of the project concerned.
``(b) Requirements.--In carrying out this section, the Secretary
shall--
``(1) review the services of the non-Federal interest or
commercial entity to ensure that the services are consistent
with the authorized purposes of the project concerned;
``(2) ensure that the non-Federal interest or commercial
entity will indemnify the United States for, or has entered into
an agreement approved by the Secretary to address, any adverse
impact to the dam as a result of such services;
``(3) require the non-Federal interest or commercial entity,
prior to initiating the services and upon completion of the
services, to conduct sediment surveys to determine the pre- and
post-services sediment profile and sediment quality; and
``(4) limit the number of dams for which services are
accepted to 10.
``(c) Limitation.--
``(1) In general.--The Secretary may not accept services
under subsection (a) if the Secretary, after consultation with
the Chief of Engineers, determines that accepting the services
is not advantageous to the United States.
``(2) Report to congress.--If the Secretary makes a
determination under paragraph (1), the Secretary shall provide
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment
[[Page 130 STAT. 1639]]
and Public Works of the Senate written notice describing the
reasoning for the determination.
``(d) Disposition of Removed Sediment.--In exchange for providing
services under subsection (a), a non-Federal interest or commercial
entity is authorized to retain, use, recycle, sell, or otherwise dispose
of any sediment removed in connection with the services and the Corps of
Engineers may not seek any compensation for the value of the sediment.
``(e) Congressional Notification.--Prior to accepting services
provided by a non-Federal interest or commercial entity under this
section, the Secretary shall provide to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate written notice of the
acceptance of the services.
``(f) Report to Congress.--Upon completion of services at the 10
dams allowed under subsection (b)(4), the Secretary shall make publicly
available and submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report documenting the
results of the services.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Water Resources Development Act of 2000 is amended by striking the
item relating to section 215 and inserting the following:
``Sec. 215. Reservoir sediment.''.
SEC. 1116. WATER SUPPLY CONSERVATION.
(a) In General.--In a State in which a drought emergency has been
declared or was in effect during the 1-year period ending on the date of
enactment of this Act, the Secretary is authorized--
(1) to conduct an evaluation for purposes of approving water
supply conservation measures that are consistent with the
authorized purposes of water resources development projects
under the jurisdiction of the Secretary; and
(2) to enter into written agreements pursuant to section 221
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) with non-
Federal interests to carry out the conservation measures
approved by such evaluations.
(b) Eligibility.--Water supply conservation measures evaluated under
subsection (a) may include the following:
(1) Stormwater capture.
(2) Releases for ground water replenishment or aquifer
storage and recovery.
(3) Releases to augment water supply at another Federal or
non-Federal storage facility.
(4) Other conservation measures that enhance usage of a
Corps of Engineers project for water supply.
(c) Costs.--A non-Federal interest shall pay only the separable
costs associated with the evaluation, implementation, operation, and
maintenance of an approved water supply conservation measure, which
payments may be accepted and expended by the Corps of Engineers to cover
such costs.
(d) Statutory Construction.--Nothing in this section may be
construed to modify or alter the obligations of a non-Federal interest
under existing or future agreements for--
(1) water supply storage pursuant to section 301 of the
Water Supply Act of 1958 (43 U.S.C. 390b); or
[[Page 130 STAT. 1640]]
(2) surplus water use pursuant to section 6 of the Act of
December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708).
(e) Limitations.--Nothing in this section--
(1) affects, modifies, or changes the authorized purposes of
a Corps of Engineers project;
(2) affects existing Corps of Engineers authorities,
including its authorities with respect to navigation, flood
damage reduction, and environmental protection and restoration;
(3) affects the Corps of Engineers ability to provide for
temporary deviations;
(4) affects the application of a cost-share requirement
under section 101, 102, or 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211, 2212, and 2213);
(5) supersedes or modifies any written agreement between the
Federal Government and a non-Federal interest that is in effect
on the date of enactment of this Act;
(6) supersedes or modifies any amendment to an existing
multistate water control plan, including those water control
plans along the Missouri River and those water control plans in
the Apalachicola-Chattahoochee-Flint and Alabama-Coosa-
Tallapoosa basins;
(7) affects any water right in existence on the date of
enactment of this Act; or
(8) preempts or affects any State water law or interstate
compact governing water.
SEC. 1117. DROUGHT EMERGENCIES.
(a) Authorized Activities.--With respect to a State in which a
drought emergency is in effect on the date of enactment of this Act, or
was in effect at any time during the 1-year period ending on such date
of enactment, and upon the request of the Governor of the State, the
Secretary is authorized to--
(1) prioritize the updating of the water control manuals for
control structures under the jurisdiction of the Secretary that
are located in the State; and
(2) incorporate into the update seasonal operations for
water conservation and water supply for such control structures.
(b) Coordination.--The Secretary shall carry out the update under
subsection (a) in coordination with all appropriate Federal agencies,
elected officials, and members of the public.
(c) Statutory Construction.--Nothing in this section affects,
modifies, or changes the authorized purposes of a Corps of Engineers
project, or affects the applicability of section 301 of the Water Supply
Act of 1958 (43 U.S.C. 390b).
SEC. 1118. <<NOTE: 43 USC 390b-2.>> LEVERAGING FEDERAL
INFRASTRUCTURE FOR INCREASED WATER
SUPPLY.
(a) In General.--At the request of a non-Federal interest, the
Secretary may review proposals to increase the quantity of available
supplies of water at a Federal water resources development project
through--
(1) modification of the project;
(2) modification of how the project is managed; or
(3) accessing water released from the project.
(b) Proposals Included.--A proposal under subsection (a) may
include--
[[Page 130 STAT. 1641]]
(1) increasing the storage capacity of the project;
(2) diversion of water released or withdrawn from the
project--
(A) to recharge groundwater;
(B) to aquifer storage and recovery; or
(C) to any other storage facility;
(3) construction of facilities for delivery of water from
pumping stations constructed by the Secretary;
(4) construction of facilities to access water; and
(5) a combination of the activities described in paragraphs
(1) through (4).
(c) Exclusions.--This section shall not apply to a proposal that--
(1) reallocates existing water supply or hydropower storage;
or
(2) reduces water available for any authorized project
purpose.
(d) Other Federal Projects.--In any case in which a proposal relates
to a Federal project that is not operated by the Secretary, this section
shall apply only to activities under the authority of the Secretary.
(e) Review Process.--
(1) Notice.--On receipt of a proposal submitted under
subsection (a), the Secretary shall provide a copy of the
proposal to each entity described in paragraph (2) and, if
applicable, the Federal agency that operates the project, in the
case of a project operated by an agency other than the
Department of the Army.
(2) Public participation.--In reviewing proposals submitted
under subsection (a), and prior to making any decisions
regarding a proposal, the Secretary shall comply with all
applicable public participation requirements under law,
including consultation with--
(A) affected States;
(B) power marketing administrations, in the case of
reservoirs with Federal hydropower projects;
(C) entities responsible for operation and
maintenance costs;
(D) any entity that has a contractual right from the
Federal Government or a State to withdraw water from, or
use storage at, the project;
(E) entities that the State determines hold rights
under State law to the use of water from the project;
and
(F) units of local government with flood risk
reduction responsibilities downstream of the project.
(f) Authorities.--A proposal submitted to the Secretary under
subsection (a) may be reviewed and approved, if applicable and
appropriate, under--
(1) the specific authorization for the water resources
development project;
(2) section 216 of the Flood Control Act of 1970 (33 U.S.C.
549a);
(3) section 301 of the Water Supply Act of 1958 (43 U.S.C.
390b); and
(4) section 14 of the Act of March 3, 1899 (30 Stat. 1152,
chapter 425; 33 U.S.C. 408).
[[Page 130 STAT. 1642]]
(g) Limitations.--The Secretary shall not approve a proposal
submitted under subsection (a) that--
(1) is not supported by the Federal agency that operates the
project, if that agency is not the Department of the Army;
(2) interferes with an authorized purpose of the project;
(3) adversely impacts contractual rights to water or storage
at the reservoir;
(4) adversely impacts legal rights to water under State law,
as determined by an affected State;
(5) increases costs for any entity other than the entity
that submitted the proposal; or
(6) if a project is subject to section 301(e) of the Water
Supply Act of 1958 (43 U.S.C. 390b(e)), makes modifications to
the project that do not meet the requirements of that section
unless the modification is submitted to and authorized by
Congress.
(h) Cost Share.--
(1) In general.--Except as provided in paragraph (2), 100
percent of the cost of developing, reviewing, and implementing a
proposal submitted under subsection (a) shall be provided by an
entity other than the Federal Government.
(2) Planning assistance to states.--In the case of a
proposal from an entity authorized to receive assistance under
section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16), the Secretary may use funds available under
that section to pay 50 percent of the cost of a review of a
proposal submitted under subsection (a).
(3) Operation and maintenance costs.--
(A) In general.--Except as provided in subparagraphs
(B) and (C), the operation and maintenance costs for the
non-Federal sponsor of a proposal submitted under
subsection (a) shall be 100 percent of the separable
operation and maintenance costs associated with the
costs of implementing the proposal.
(B) Certain water supply storage projects.--For a
proposal submitted under subsection (a) for constructing
additional water supply storage at a reservoir for use
under a water supply storage agreement, in addition to
the costs under subparagraph (A), the non-Federal costs
shall include the proportional share of any joint-use
costs for operation, maintenance, repair, replacement,
or rehabilitation of the reservoir project determined in
accordance with section 301 of the Water Supply Act of
1958 (43 U.S.C. 390b).
(C) Voluntary contributions.--An entity other than
an entity described in subparagraph (A) may voluntarily
contribute to the costs of implementing a proposal
submitted under subsection (a).
(i) Contributed Funds.--The Secretary may receive and expend funds
contributed by a non-Federal interest for the review and approval of a
proposal submitted under subsection (a).
(j) Assistance.--On request by a non-Federal interest, the Secretary
may provide technical assistance in the development or implementation of
a proposal under subsection (a), including assistance in obtaining
necessary permits for construction, if the non-Federal interest
contracts with the Secretary to pay all costs of providing the technical
assistance.
[[Page 130 STAT. 1643]]
(k) Exclusion.--This section shall not apply to reservoirs in--
(1) the Upper Missouri River;
(2) the Apalachicola-Chattahoochee-Flint river system;
(3) the Alabama-Coosa-Tallapoosa river system; and
(4) the Stones River.
(l) Effect of Section.--Nothing in this section affects or modifies
any authority of the Secretary to review or modify reservoirs.
SEC. 1119. INDIAN TRIBES.
Section 1156 of the Water Resources Development Act of 1986 (33
U.S.C. 2310) is amended--
(1) in the section heading by inserting ``and indian
tribes'' after ``territories''; and
(2) in subsection (a)--
(A) by striking ``projects in American'' and
inserting ``projects--
``(1) in American'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) for any Indian tribe (as defined in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130)).''.
SEC. 1120. TRIBAL CONSULTATION REPORTS.
(a) Review.--The Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives the
following:
(1) Not later than 30 days after the date of enactment of
this Act, all reports of the Corps of Engineers developed
pursuant to its Tribal Consultation Policy, dated November 2012,
and submitted to the Office of Management and Budget before the
date of enactment of this Act.
(2) Not later than 30 days after the date of the submission
to the Committees under paragraph (1), all reports of the Corps
of Engineers developed pursuant to its Tribal Consultation
Policy, dated November 2012, or successor policy, and submitted
to the Office of Management and Budget after the date of
enactment of this Act.
(3) Not later than 1 year after the date of enactment of
this Act, a report that describes the results of a review by the
Secretary of existing policies, regulations, and guidance
related to consultation with Indian tribes on water resources
development projects or other activities that require the
approval of, or the issuance of a permit by, the Secretary and
that may have an impact on tribal cultural or natural resources.
(b) Consultation.--In completing the review under subsection (a)(3),
the Secretary shall provide for public and private meetings with Indian
tribes and other stakeholders.
(c) No Delays.--During the review required under subsection (a)(3),
the Secretary shall ensure that--
(1) all existing tribal consultation policies, regulations,
and guidance continue to be implemented; and
(2) the review does not affect an approval or issuance of a
permit required by the Secretary.
[[Page 130 STAT. 1644]]
SEC. 1121. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000 (33
U.S.C. 2269) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``the Secretary'' and all
that follows through ``projects'' and inserting ``the
Secretary may carry out water-related planning
activities, or activities relating to the study, design,
and construction of water resources development
projects,'';
(B) in paragraph (2) by striking ``(2) Matters to be
studied.--A study'' and inserting the following:
``(2) Authorized activities.--An activity''; and
(C) by adding at the end the following:
``(3) Feasibility study and reports.--
``(A) In general.--On the request of an Indian
tribe, the Secretary shall conduct a study on, and
provide to the Indian tribe a report describing, the
feasibility of a water resources development project
described in paragraph (1).
``(B) Recommendation.--A report under subparagraph
(A) may, but shall not be required to, contain a
recommendation on a specific water resources development
project.
``(4) Design and construction.--
``(A) In general.--The Secretary may carry out the
design and construction of a water resources development
project described in paragraph (1) that the Secretary
determines is feasible if the Federal share of the cost
of the project is not more than $10,000,000.
``(B) Specific authorization.--If the Federal share
of the cost of a project described in subparagraph (A)
is more than $10,000,000, the Secretary may only carry
out the project if Congress enacts a law authorizing the
Secretary to carry out the project.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``studies'' and
inserting ``an activity''; and
(B) in paragraph (2)(B) by striking ``carrying out
projects studied'' and inserting ``an activity
conducted''; and
(3) in subsection (d)--
(A) in paragraph (1)(A) by striking ``a study'' and
inserting ``an activity conducted''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Credit.--The Secretary may credit toward the non-
Federal share of the costs of an activity conducted under
subsection (b) the cost of services, studies, supplies, or other
in-kind contributions provided by the non-Federal interest.
``(3) Sovereign immunity.--The Secretary shall not require
an Indian tribe to waive the sovereign immunity of the Indian
tribe as a condition to entering into a cost-sharing agreement
under this subsection.
``(4) Water resources development projects.--
``(A) In general.--The non-Federal share of costs
for the study of a water resources development project
described in subsection (b)(1) shall be 50 percent.
[[Page 130 STAT. 1645]]
``(B) Other costs.--The non-Federal share of costs
of design and construction of a project described in
subparagraph (A) shall be assigned to the appropriate
project purposes described in sections 101 and 103 of
the Water Resources Development Act of 1986 (33 U.S.C.
2211, 2213) and shared in the same percentages as the
purposes to which the costs are assigned.
``(5) Water-related planning activities.--
``(A) In general.--The non-Federal share of costs of
a watershed and river basin assessment conducted under
subsection (b) shall be 25 percent.
``(B) Other costs.--The non-Federal share of costs
of other water-related planning activities described in
subsection (b)(1) shall be 50 percent.''.
SEC. 1122. <<NOTE: 33 USC 2326 note.>> BENEFICIAL USE OF DREDGED
MATERIAL.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish a pilot program to carry out
projects for the beneficial use of dredged material, including projects
for the purposes of--
(1) reducing storm damage to property and infrastructure;
(2) promoting public safety;
(3) protecting, restoring, and creating aquatic ecosystem
habitats;
(4) stabilizing stream systems and enhancing shorelines;
(5) promoting recreation;
(6) supporting risk management adaptation strategies; and
(7) reducing the costs of dredging and dredged material
placement or disposal, such as projects that use dredged
material for--
(A) construction or fill material;
(B) civic improvement objectives; and
(C) other innovative uses and placement alternatives
that produce public economic or environmental benefits.
(b) Project Selection.--In carrying out the pilot program, the
Secretary shall--
(1) identify for inclusion in the pilot program and carry
out 10 projects for the beneficial use of dredged material;
(2) consult with relevant State agencies in selecting
projects; and
(3) select projects solely on the basis of--
(A) the environmental, economic, and social benefits
of the projects, including monetary and nonmonetary
benefits; and
(B) the need for a diversity of project types and
geographical project locations.
(c) Regional Beneficial Use Teams.--
(1) In general.--In carrying out the pilot program, the
Secretary shall establish regional beneficial use teams to
identify and assist in the implementation of projects under the
pilot program.
(2) Composition.--
(A) Leadership.--For each regional beneficial use
team established under paragraph (1), the Secretary
shall appoint the Commander of the relevant division of
the Corps of Engineers to serve as the head of the team.
[[Page 130 STAT. 1646]]
(B) Membership.--The membership of each regional
beneficial use team shall include--
(i) representatives of relevant Corps of
Engineers districts and divisions;
(ii) representatives of relevant State and
local agencies; and
(iii) representatives of Federal agencies and
such other entities as the Secretary determines
appropriate, consistent with the purposes of this
section.
(d) Considerations.--The Secretary shall carry out the pilot program
in a manner that--
(1) maximizes the beneficial placement of dredged material
from Federal and non-Federal navigation channels;
(2) incorporates, to the maximum extent practicable, 2 or
more Federal navigation, flood control, storm damage reduction,
or environmental restoration projects;
(3) coordinates the mobilization of dredges and related
equipment, including through the use of such efficiencies in
contracting and environmental permitting as can be implemented
under existing laws and regulations;
(4) fosters Federal, State, and local collaboration;
(5) implements best practices to maximize the beneficial use
of dredged sand and other sediments; and
(6) ensures that the use of dredged material is consistent
with all applicable environmental laws.
(e) Cost Sharing.--
(1) In general.--Projects carried out under this section
shall be subject to the cost-sharing requirements applicable to
projects carried out under section 204 of the Water Resources
Development Act of 1992 (33 U.S.C. 2326).
(2) Additional costs.--Notwithstanding paragraph (1), if the
cost of transporting and depositing dredged material for a
project carried out under this section exceeds the cost of
carrying out those activities pursuant to any other water
resources project in accordance, if applicable, with the Federal
standard (as defined in section 335.7 of title 33, Code of
Federal Regulations), the Secretary may not require the non-
Federal interest to bear the additional cost of such activities.
(f) Report.--Not later than 2 years after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes--
(1) a description of the projects selected to be carried out
under the pilot program;
(2) documentation supporting each of the projects selected;
(3) the findings of regional beneficial use teams regarding
project selection; and
(4) any recommendations of the Secretary or regional
beneficial use teams with respect to the pilot program.
(g) Termination.--The pilot program shall terminate after completion
of the 10 projects carried out pursuant to subsection (b)(1).
(h) Exemption From Other Standards.--The projects carried out under
this section shall be carried out notwithstanding the definition of the
term ``Federal standard'' in section 335.7 of title 33, Code of Federal
Regulations.
[[Page 130 STAT. 1647]]
(i) Regional Sediment Management.--Section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326) is amended--
(1) in subsection (a)(1)--
(A) by striking ``For sediment'' and inserting the
following:
``(A) Sediment from federal water resources
projects.--For sediment''; and
(B) by adding at the end the following:
``(B) Sediment from other federal sources and non-
federal sources.--For purposes of projects carried out
under this section, the Secretary may include sediment
from other Federal sources and non-Federal sources,
subject to the requirement that any sediment obtained
from a non-Federal source shall not be obtained at
Federal expense.''; and
(2) in subsection (d) by adding at the end the following:
``(3) Special rule.--Disposal of dredged material under this
subsection may include a single or periodic application of
sediment for beneficial use and shall not require operation and
maintenance.
``(4) Disposal at non-federal cost.--The Secretary may
accept funds from a non-Federal interest to dispose of dredged
material as provided under section 103(d)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(d)(1)).''.
(j) Clarification.--Section 156(e) of the Water Resources
Development Act of 1976 (42 U.S.C. 1962d-5f(e)) is amended by striking
``3'' and inserting ``6''.
SEC. 1123. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.
Section 506(g) of the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22(g)) is repealed.
SEC. 1124. <<NOTE: 33 USC 576c.>> CORPS OF ENGINEERS OPERATION OF
UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--The Secretary shall designate an individual, within
the headquarters office of the Corps of Engineers, who shall serve as
the coordinator and principal approving official for developing the
process and procedures by which the Corps of Engineers--
(1) operates and maintains small unmanned aircraft (as
defined in section 331 of the FAA Modernization and Reform Act
of 2012 (49 U.S.C. 40101 note)) systems in support of civil
works and emergency response missions of the Corps of Engineers;
and
(2) acquires, applies for, and receives any necessary
Federal Aviation Administration authorizations for such
operations and systems.
(b) Requirements.--A small unmanned aircraft system acquired,
operated, or maintained for carrying out the missions specified in
subsection (a) shall be operated in accordance with regulations of the
Federal Aviation Administration as a civil aircraft or public aircraft,
at the discretion of the Secretary, and shall be exempt from regulations
of the Department of Defense, including the Department of the Army,
governing such system.
(c) Limitation.--A small unmanned aircraft system acquired,
operated, or maintained by the Corps of Engineers is excluded from use
by the Department of Defense, including the Department
[[Page 130 STAT. 1648]]
of the Army, for any mission of the Department of Defense other than a
mission specified in subsection (a).
SEC. 1125. FUNDING TO PROCESS PERMITS.
Section 214(a) of the Water Resources Development Act of 2000 (33
U.S.C. 2352(a)) is amended--
(1) in paragraph (1) by adding at the end the following:
``(C) Railroad carrier.--The term `railroad carrier'
has the meaning given the term in section 20102 of title
49, United States Code.'';
(2) in paragraph (2)--
(A) by striking ``or natural gas company'' and
inserting ``, natural gas company, or railroad
carrier''; and
(B) by striking ``or company'' and inserting ``,
company, or carrier'';
(3) in paragraph (3)--
(A) by striking ``or natural gas company'' and
inserting ``, natural gas company, or railroad
carrier''; and
(B) by striking ``7 years'' and inserting ``10
years''; and
(4) in paragraph (5) by striking ``and natural gas
companies'' and inserting ``, natural gas companies, and
railroad carriers, including an evaluation of the compliance
with the requirements of this section and, with respect to a
permit for those entities, the requirements of applicable
Federal laws''.
SEC. 1126. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
FEDERAL INTERESTS.
Section 203 of the Water Resources Development Act of 1986 (33
U.S.C. 2231) is amended by adding at the end the following:
``(e) Technical Assistance.--At the request of a non-Federal
interest, the Secretary may provide to the non-Federal interest
technical assistance relating to any aspect of a feasibility study if
the non-Federal interest contracts with the Secretary to pay all costs
of providing such technical assistance.''.
SEC. 1127. NON-FEDERAL CONSTRUCTION OF AUTHORIZED FLOOD DAMAGE
REDUCTION PROJECTS.
Section 204(d) of the Water Resources Development Act of 1986 (33
U.S.C. 2232(d)) is amended by adding at the end the following:
``(5) Discrete segments.--
``(A) In general.--The Secretary may authorize
credit or reimbursement under this subsection for a
discrete segment of a flood damage reduction project, or
separable element thereof, before final completion of
the project or separable element if--
``(i) except as provided in clause (ii), the
Secretary determines that the discrete segment
satisfies the requirements of paragraphs (1)
through (4) in the same manner as the project or
separable element; and
``(ii) notwithstanding paragraph (1)(A)(ii),
the Secretary determines, before the approval of
the plans under paragraph (1)(A)(i), that the
discrete segment is technically feasible and
environmentally acceptable.
``(B) Determination.--Credit or reimbursement may
not be made available to a non-Federal interest pursuant
to this paragraph until the Secretary determines that--
[[Page 130 STAT. 1649]]
``(i) the construction of the discrete segment
for which credit or reimbursement is requested is
complete; and
``(ii) the construction is consistent with the
authorization of the applicable flood damage
reduction project, or separable element thereof,
and the plans approved under paragraph (1)(A)(i).
``(C) Written agreement.--
``(i) In general.--As part of the written
agreement required under paragraph (1)(A)(iii), a
non-Federal interest to be eligible for credit or
reimbursement under this paragraph shall--
``(I) identify any discrete segment
that the non-Federal interest may carry
out; and
``(II) agree to the completion of
the flood damage reduction project, or
separable element thereof, with respect
to which the discrete segment is a part
and establish a timeframe for such
completion.
``(ii) Remittance.--If a non-Federal interest
fails to complete a flood damage reduction
project, or separable element thereof, that it
agreed to complete under clause (i)(II), the non-
Federal interest shall remit any reimbursements
received under this paragraph for a discrete
segment of such project or separable element.
``(D) Discrete segment defined.--In this paragraph,
the term `discrete segment' means a physical portion of
a flood damage reduction project, or separable element
thereof--
``(i) described by a non-Federal interest in a
written agreement required under paragraph
(1)(A)(iii); and
``(ii) that the non-Federal interest can
operate and maintain, independently and without
creating a hazard, in advance of final completion
of the flood damage reduction project, or
separable element thereof.''.
SEC. 1128. MULTISTATE ACTIVITIES.
Section 22 of the Water Resources Development Act of 1974 (42 U.S.C.
1962d-16) is amended--
(1) in subsection (a)(1)--
(A) by striking ``or other non-Federal interest''
and inserting ``, group of States, or non-Federal
interest'';
(B) by inserting ``or group of States'' after
``working with a State''; and
(C) by inserting ``or group of States'' after
``boundaries of such State''; and
(2) in subsection (c)(1) by adding at the end the following:
``The Secretary may allow 2 or more States to combine all or a
portion of the funds that the Secretary makes available to the
States in carrying out subsection (a)(1).''.
SEC. 1129. PLANNING ASSISTANCE TO STATES.
Section 22 of the Water Resources Development Act of 1974 (42 U.S.C.
1962d-16) is amended by adding at the end the following:
``(f) Special Rule.--The cost-share for assistance under this
section provided to Indian tribes, the Commonwealth of Puerto
[[Page 130 STAT. 1650]]
Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the
Northern Marianas, and the Trust Territory of the Pacific Islands shall
be as provided under section 1156 of the Water Resources Development Act
of 1986 (33 U.S.C. 2310).''.
SEC. 1130. REGIONAL PARTICIPATION ASSURANCE FOR LEVEE SAFETY
ACTIVITIES.
(a) National Levee Safety Program.--Section 9002 of the Water
Resources Development Act of 2007 (33 U.S.C. 3301) is amended--
(1) in paragraph (11) by striking ``State or Indian tribe''
and inserting ``State, regional district, or Indian tribe'';
(2) by redesignating paragraphs (12) through (16) as
paragraphs (13) through (17), respectively; and
(3) by inserting after paragraph (11) the following:
``(12) Regional district.--The term `regional district'
means a subdivision of a State government, or a subdivision of
multiple State governments, that is authorized to acquire,
construct, operate, and maintain projects for the purpose of
flood damage reduction.''.
(b) Inventory and Inspection of Levees.--Section 9004 of the Water
Resources Development Act of 2007 (33 U.S.C. 3303) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``one year after
the date of enactment of this Act'' and inserting ``1
year after the date of enactment of the Water Resources
Development Act of 2016'';
(B) in paragraph (2)(A) by striking ``States, Indian
tribes, Federal agencies, and other entities'' and
inserting ``States, regional districts, Indian tribes,
Federal agencies, and other entities''; and
(C) in paragraph (3)--
(i) in the heading for subparagraph (A) by
striking ``federal, state, and local'' and
inserting ``federal, state, regional, tribal, and
local''; and
(ii) in subparagraph (A) by striking
``Federal, State, and local'' and inserting
``Federal, State, regional, tribal, and local'';
and
(2) in subsection (c)--
(A) in paragraph (4)--
(i) in the paragraph heading by striking
``State and tribal'' and inserting ``State,
regional, and tribal''; and
(ii) by striking ``State or Indian tribe''
each place it appears and inserting ``State,
regional district, or Indian tribe''; and
(B) in paragraph (5)--
(i) by striking ``State or Indian tribe'' and
inserting ``State, regional district, or Indian
tribe''; and
(ii) by striking ``chief executive of the
tribal government'' and inserting ``chief
executive of the regional district or tribal
government''.
(c) Levee Safety Initiative.--Section 9005 of the Water Resources
Development Act of 2007 (33 U.S.C. 3303a) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
[[Page 130 STAT. 1651]]
(i) in the matter preceding subparagraph (A)--
(I) by striking ``1 year after the
date of enactment of this subsection''
and inserting ``1 year after the date of
enactment of the Water Resources
Development Act of 2016''; and
(II) by striking ``State, local, and
tribal governments and organizations''
and inserting ``State, regional, local,
and tribal governments and
organizations''; and
(ii) in subparagraph (A) by striking
``Federal, State, tribal, and local agencies'' and
inserting ``Federal, State, regional, local, and
tribal agencies'';
(B) in paragraph (3)--
(i) in subparagraph (A) by striking ``State,
local, and tribal governments,'' and inserting
``State, regional, local, and tribal
governments''; and
(ii) in subparagraph (B) by inserting ``,
regional, or tribal'' after ``State'' each place
it appears; and
(C) in paragraph (5)(A) by striking ``States, non-
Federal interests, and other appropriate stakeholders''
and inserting ``States, regional districts, Indian
tribes, non-Federal interests, and other appropriate
stakeholders'';
(2) in subsection (e)(1) in the matter preceding
subparagraph (A) by striking ``States, communities, and levee
owners'' and inserting ``States, regional districts, Indian
tribes, communities, and levee owners'';
(3) in subsection (g)--
(A) in the subsection heading by striking ``State
and Tribal'' and inserting ``State, Regional, and
Tribal'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``1 year after the
date of enactment of this subsection''
and inserting ``1 year after the date of
enactment of the Water Resources
Development Act of 2016''; and
(II) by striking ``State or tribal''
and inserting ``State, regional, or
tribal''; and
(ii) in subparagraph (B)--
(I) by striking ``State and Indian
tribe'' and inserting ``State, regional
district, and Indian tribe''; and
(II) by striking ``State or Indian
tribe'' and inserting ``State, regional
district, or Indian tribe''; and
(C) in paragraph (2)--
(i) in the paragraph heading by striking
``states'' and inserting ``states, regional
districts, and indian tribes'';
(ii) in subparagraph (A) by striking ``States
and Indian tribes'' and inserting ``States,
regional districts, and Indian tribes'';
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i) by striking ``State or Indian
tribe'' and inserting ``State, regional
district, or Indian tribe'';
[[Page 130 STAT. 1652]]
(II) in clause (ii) by striking
``levees within the State'' and
inserting ``levees within the State or
regional district''; and
(III) in clause (iii) by striking
``State or Indian tribe'' and inserting
``State, regional district, or Indian
tribe'';
(iv) in subparagraph (C)(ii) in the matter
preceding subclause (I) by striking ``State or
tribal'' and inserting ``State, regional, or
tribal''; and
(v) in subparagraph (E)--
(I) by striking ``States and Indian
tribes'' each place it appears and
inserting ``States, regional districts,
and Indian tribes'';
(II) in clause (ii)(II)--
(aa) in the matter preceding
item (aa) by striking ``State or
Indian tribe'' and inserting
``State, regional district, or
Indian tribe'';
(bb) in item (aa) by
striking ``miles of levees in
the State'' and inserting
``miles of levees in the State
or regional district''; and
(cc) in item (bb) by
striking ``miles of levees in
all States'' and inserting
``miles of levees in all States
and regional districts''; and
(III) in clause (iii)--
(aa) by striking ``State or
Indian tribe'' and inserting
``State, regional district, or
Indian tribe''; and
(bb) by striking ``State or
tribal'' and inserting ``State,
regional, or tribal''; and
(4) in subsection (h)--
(A) in paragraph (1) by striking ``States, Indian
tribes, and local governments'' and inserting ``States,
regional districts, Indian tribes, and local
governments'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A)
by striking ``State, Indian tribe, or local
government'' and inserting ``State, regional
district, Indian tribe, or local government''; and
(ii) in subparagraph (E) in the matter
preceding clause (i) by striking ``State or
tribal'' and inserting ``State, regional, or
tribal'';
(C) in paragraph (3)--
(i) in subparagraph (A) by striking ``State,
Indian tribe, or local government'' and inserting
``State, regional district, Indian tribe, or local
government''; and
(ii) in subparagraph (D) by striking ``180
days after the date of enactment of this
subsection'' and inserting ``180 days after the
date of enactment of the Water Resources
Development Act of 2016''; and
(D) in paragraph (4)(A)(i) by striking ``State or
tribal'' and inserting ``State, regional, or tribal''.
(d) Reports.--Section 9006 of the Water Resources Development Act of
2007 (33 U.S.C. 3303b) is amended--
(1) in subsection (a)(1)--
[[Page 130 STAT. 1653]]
(A) in the matter preceding subparagraph (A) by
striking ``1 year after the date of enactment of this
subsection'' and inserting ``1 year after the date of
enactment of the Water Resources Development Act of
2016''; and
(B) in subparagraph (B) by striking ``State and
tribal'' and inserting ``State, regional, and tribal'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``2 years after the date of
enactment of this subsection'' and inserting ``2
years after the date of enactment of the Water
Resources Development Act of 2016''; and
(ii) by striking ``State, tribal, and local''
and inserting ``State, regional, tribal, and
local'';
(B) in paragraph (2) by striking ``State and
tribal'' and inserting ``State, regional, and tribal'';
and
(C) in paragraph (4) by striking ``State and local''
and inserting ``State, regional, tribal, and local'';
and
(3) in subsection (d)--
(A) in the matter preceding paragraph (1) by
striking ``1 year after the date of enactment of this
subsection'' and inserting ``1 year after the date of
enactment of the Water Resources Development Act of
2016''; and
(B) in paragraph (2) by striking ``State or tribal''
and inserting ``State, regional, or tribal''.
SEC. 1131. PARTICIPATION OF NON-FEDERAL INTERESTS.
Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(b)(1)) is amended by inserting ``and, as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602), a Native village,
Regional Corporation, and Village Corporation'' after ``Indian tribe''.
SEC. 1132. <<NOTE: 33 USC 2282e.>> POST-AUTHORIZATION CHANGE
REPORTS.
(a) In General.--The completion of a post-authorization change
report prepared by the Corps of Engineers for a water resources
development project--
(1) may not be delayed as a result of consideration being
given to changes in policy or priority with respect to project
consideration; and
(2) shall be submitted, upon completion, to--
(A) the Committee on Environment and Public Works of
the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(b) Completion Review.--With respect to a post-authorization change
report subject to review by the Secretary, the Secretary shall, not
later than 120 days after the date of completion of such report--
(1) review the report; and
(2) provide to Congress any recommendations of the Secretary
regarding modification of the applicable water resources
development project.
(c) Prior Reports.--Not later than 120 days after the date of
enactment of this Act, with respect to any post-authorization change
report that was completed prior to the date of enactment of this Act and
is subject to a review by the Secretary that has
[[Page 130 STAT. 1654]]
yet to be completed, the Secretary shall complete review of, and provide
recommendations to Congress with respect to, the report.
(d) Post-Authorization Change Report Inclusions.--In this section,
the term ``post-authorization change report'' includes--
(1) a general reevaluation report;
(2) a limited reevaluation report; and
(3) any other report that recommends the modification of an
authorized water resources development project.
SEC. 1133. <<NOTE: 33 USC 2326f.>> MAINTENANCE DREDGING DATA.
(a) In General.--The Secretary shall establish, maintain, and make
publicly available a database on maintenance dredging carried out by the
Secretary, which shall include information on maintenance dredging
carried out by Federal and non-Federal vessels.
(b) Scope.--The Secretary shall include in the database maintained
under subsection (a), for each maintenance dredging project and
contract, estimated and actual data on--
(1) the volume of dredged material removed;
(2) the initial cost estimate of the Corps of Engineers;
(3) the total cost;
(4) the party and vessel carrying out the work; and
(5) the number of private contractor bids received and the
bid amounts, including bids that did not win the final contract
award.
SEC. 1134. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT
APPLICATIONS.
(a) In General.--Section 2040 of the Water Resources Development Act
of 2007 (33 U.S.C. 2345) is amended to read as follows:
``SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT
APPLICATIONS.
``(a) Development of Electronic System.--
``(1) In general.--The Secretary shall research, develop,
and implement an electronic system to allow the electronic
preparation and submission of applications for permits and
requests for jurisdictional determinations under the
jurisdiction of the Secretary.
``(2) Inclusion.--The electronic system required under
paragraph (1) shall address--
``(A) applications for standard individual permits;
``(B) applications for letters of permission;
``(C) joint applications with States for State and
Federal permits;
``(D) applications for emergency permits;
``(E) applications or requests for jurisdictional
determinations; and
``(F) preconstruction notification submissions, when
required for a nationwide or other general permit.
``(3) Improving existing data systems.--The Secretary shall
seek to incorporate the electronic system required under
paragraph (1) into existing systems and databases of the Corps
of Engineers to the maximum extent practicable.
``(4) Protection of information.--The electronic system
required under paragraph (1) shall provide for the protection of
personal, private, privileged, confidential, and proprietary
information, and information the disclosure of which is
otherwise prohibited by law.
[[Page 130 STAT. 1655]]
``(b) System Requirements.--The electronic system required under
subsection (a) shall--
``(1) enable an applicant or requester to prepare
electronically an application for a permit or request;
``(2) enable an applicant or requester to submit to the
Secretary, by email or other means through the Internet, the
completed application form or request;
``(3) enable an applicant or requester to submit to the
Secretary, by email or other means through the Internet, data
and other information in support of the permit application or
request;
``(4) provide an online interactive guide to provide
assistance to an applicant or requester at any time while
filling out the permit application or request; and
``(5) enable an applicant or requester (or a designated
agent) to track the status of a permit application or request in
a manner that will--
``(A) allow the applicant or requester to determine
whether the application is pending or final and the
disposition of the request;
``(B) allow the applicant or requester to research
previously submitted permit applications and requests
within a given geographic area and the results of such
applications or requests; and
``(C) allow identification and display of the
location of the activities subject to a permit or
request through a map-based interface.
``(c) Documentation.--All permit decisions and jurisdictional
determinations made by the Secretary shall be in writing and include
documentation supporting the basis for the decision or determination.
The Secretary shall prescribe means for documenting all decisions or
determinations to be made by the Secretary.
``(d) Record of Determinations.--
``(1) In general.--The Secretary shall maintain, for a
minimum of 5 years, a record of each permit decision and
jurisdictional determination made by the Secretary, including
documentation supporting the basis of the decision or
determination.
``(2) Archiving of information.--The Secretary shall explore
and implement an appropriate mechanism for archiving records of
permit decisions and jurisdictional determinations, including
documentation supporting the basis of the decisions and
determinations, after the 5-year maintenance period described in
paragraph (1).
``(e) Availability of Determinations.--
``(1) In general.--The Secretary shall make the records of
all permit decisions and jurisdictional determinations made by
the Secretary available to the public for review and
reproduction.
``(2) Protection of information.--The Secretary shall
provide for the protection of personal, private, privileged,
confidential, and proprietary information, and information the
disclosure of which is prohibited by law, which may be excluded
from disclosure.
``(f) Deadline for Electronic System Implementation.--
``(1) In general.--The Secretary shall develop and
implement, to the maximum extent practicable, the electronic
system required under subsection (a) not later than 2 years
after
[[Page 130 STAT. 1656]]
the date of enactment of the Water Resources Development Act of
2016.
``(2) Report on electronic system implementation.--Not later
than 180 days after the expiration of the deadline under
paragraph (1), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report describing the measures implemented
and barriers faced in carrying out this section.
``(g) Applicability.--The requirements described in subsections (c),
(d), and (e) shall apply to permit applications and requests for
jurisdictional determinations submitted to the Secretary after the date
of enactment of the Water Resources Development Act of 2016.
``(h) Limitation.--This section shall not preclude the submission to
the Secretary, acting through the Chief of Engineers, of a physical copy
of a permit application or a request for a jurisdictional
determination.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Water Resources Development Act of 2007 is amended by striking the
item relating to section 2040 and inserting the following:
``Sec. 2040. Electronic submission and tracking of permit
applications.''.
SEC. 1135. DATA TRANSPARENCY.
Section 2017 of the Water Resources Development Act of 2007 (33
U.S.C. 2342) is amended to read as follows:
``SEC. 2017. ACCESS TO WATER RESOURCE DATA.
``(a) In General.--Using available funds, the Secretary shall make
publicly available, including on the Internet, all data in the custody
of the Corps of Engineers on--
``(1) the planning, design, construction, operation, and
maintenance of water resources development projects; and
``(2) water quality and water management of projects owned,
operated, or managed by the Corps of Engineers.
``(b) Limitation.--Nothing in this section may be construed to
compel or authorize the disclosure of data or other information
determined by the Secretary to be confidential information, privileged
information, law enforcement information, national security information,
infrastructure security information, personal information, or
information the disclosure of which is otherwise prohibited by law.
``(c) Timing.--The Secretary shall ensure that data is made publicly
available under subsection (a) as quickly as practicable after the data
is generated by the Corps of Engineers.
``(d) Partnerships.--In carrying out this section, the Secretary may
develop partnerships, including through cooperative agreements, with
State, tribal, and local governments and other Federal agencies.''.
SEC. 1136. QUALITY CONTROL.
(a) In General.--Paragraph (a) of the first section of the Act of
December 22, 1944 (58 Stat. 888, chapter 665; 33 U.S.C. 701-1(a)), is
amended by inserting ``and shall be made publicly available'' before the
period at the end of the last sentence.
[[Page 130 STAT. 1657]]
(b) Project Administration.--Section 2041(b)(1) of the Water
Resources Development Act of 2007 (33 U.S.C. 2346(b)(1)) is amended by
inserting ``final post-authorization change report,'' after ``final
reevaluation report,''.
SEC. 1137. REPORT ON PURCHASE OF FOREIGN MANUFACTURED ARTICLES.
Section 213(a) of the Water Resources Development Act of 1992
(Public Law 102-580; 106 Stat. 4831) is amended by adding at the end the
following:
``(4) Report on purchase of foreign manufactured articles.--
``(A) In general.--In the first annual report
submitted to Congress after the date of enactment of
this paragraph in accordance with section 8 of the Act
of August 11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C.
556), and section 925(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2295(b)), the
Secretary shall include a report on the amount of
acquisitions in the prior fiscal year made by the Corps
of Engineers for civil works projects from entities that
manufactured the articles, materials, or supplies
outside of the United States.
``(B) Contents.--The report required under
subparagraph (A) shall indicate, for each category of
acquisition--
``(i) the dollar value of articles, materials,
and supplies purchased that were manufactured
outside of the United States; and
``(ii) a summary of the total procurement
funds spent on goods manufactured in the United
States and the total procurement funds spent on
goods manufactured outside of the United States.
``(C) Public availability.--Not later than 30 days
after the submission of the report required under
subparagraph (A), the Secretary shall make such report
publicly available, including on the Internet.''.
SEC. 1138. INTERNATIONAL OUTREACH PROGRAM.
Section 401(a) of the Water Resources Development Act of 1992 (33
U.S.C. 2329(a)) is amended to read as follows:
``(a) Authorization.--
``(1) In general.--The Secretary may engage in activities to
inform the United States of technological innovations abroad
that could significantly improve water resources development in
the United States.
``(2) Inclusions.--Activities under paragraph (1) may
include--
``(A) development, monitoring, assessment, and
dissemination of information about foreign water
resources projects that could significantly improve
water resources development in the United States;
``(B) research, development, training, and other
forms of technology transfer and exchange; and
``(C) offering technical services that cannot be
readily obtained in the private sector to be
incorporated into water resources projects if the costs
for assistance will be recovered under the terms of each
project.''.
[[Page 130 STAT. 1658]]
SEC. 1139. <<NOTE: 33 USC 467n note.>> DAM SAFETY REPAIR
PROJECTS.
The Secretary shall issue guidance--
(1) on the types of circumstances under which the
requirement in section 1203(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 467n(a)) relating to state-
of-the-art design or construction criteria deemed necessary for
safety purposes applies to a dam safety repair project;
(2) to assist district offices of the Corps of Engineers in
communicating with non-Federal interests when entering into and
implementing cost-sharing agreements for dam safety repair
projects; and
(3) to assist the Corps of Engineers in communicating with
non-Federal interests concerning the estimated and final cost-
share responsibilities of the non-Federal interests under
agreements for dam safety repair projects.
SEC. 1140. FEDERAL COST LIMITATION FOR CERTAIN PROJECTS.
Section 506(c) of the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22(c)) is amended by adding at the end the following:
``(5) Recreation features.--A project carried out pursuant
to this subsection may include compatible recreation features as
determined by the Secretary, except that the Federal costs of
such features may not exceed 10 percent of the Federal ecosystem
restoration costs of the project.''.
SEC. 1141. LAKE KEMP, TEXAS.
Section 3149(a) of the Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1147) is amended--
(1) by striking ``2020'' and inserting ``2025''; and
(2) by striking ``this Act'' and inserting ``the Water
Resources Development Act of 2016''.
SEC. 1142. CORROSION PREVENTION.
Section 1033 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2350) is amended by adding at the end the following:
``(d) Report.--In the first annual report submitted to Congress
after the date of enactment of this subsection in accordance with
section 8 of the Act of August 11, 1888 (25 Stat. 424, chapter 860; 33
U.S.C. 556), and section 925(b) of the Water Resources Development Act
of 1986 (33 U.S.C. 2295(b)), the Secretary shall report on the corrosion
prevention activities encouraged under this section, including--
``(1) a description of the actions the Secretary has taken
to implement this section; and
``(2) a description of the projects utilizing corrosion
prevention activities, including which activities were
undertaken.''.
SEC. 1143. SEDIMENT SOURCES.
(a) In General.--The Secretary is authorized to undertake a study of
the economic and noneconomic costs, benefits, and impacts of acquiring
by purchase, exchange, or otherwise sediment from domestic and
nondomestic sources for shoreline protection.
(b) Report.--Upon completion of the study, the Secretary shall
report to Congress on the availability, benefits, and impacts, of using
domestic and nondomestic sources of sediment for shoreline protection.
[[Page 130 STAT. 1659]]
SEC. 1144. <<NOTE: 33 USC 2341b.>> PRIORITIZATION OF CERTAIN
PROJECTS.
The Secretary shall give priority to a project for flood risk
management if--
(1) there is an executed project partnership agreement for
the project; and
(2) the project is located in an area--
(A) with respect to which--
(i) there has been a loss of life due to flood
events; and
(ii) the President has declared that a major
disaster or emergency exists under section 401 of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170); or
(B) that is at significant risk for catastrophic
flooding.
SEC. 1145. GULF COAST OYSTER BED RECOVERY ASSESSMENT.
(a) Gulf States Defined.--In this section, the term ``Gulf States''
means each of the States of Alabama, Florida, Louisiana, Mississippi,
and Texas.
(b) Gulf Coast Oyster Bed Recovery Assessment.--The Secretary, in
coordination with the Gulf States, shall conduct an assessment relating
to the recovery of oyster beds on the coasts of the Gulf States that
were damaged by events, including--
(1) Hurricane Katrina in 2005;
(2) the Deepwater Horizon oil spill in 2010; and
(3) floods in 2011 and 2016.
(c) Inclusion.--The assessment conducted under subsection (b) shall
address the beneficial use of dredged material in providing substrate
for oyster bed development.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
assessment conducted under subsection (b).
SEC. 1146. <<NOTE: 33 USC 2331a.>> INITIATING WORK ON SEPARABLE
ELEMENTS.
With respect to a water resources development project that has
received construction funds in the previous 6-year period, for purposes
of initiating work on a separable element of the project--
(1) no new start or new investment decision shall be
required; and
(2) the work shall be treated as ongoing work.
SEC. 1147. LOWER BOIS D'ARC CREEK RESERVOIR PROJECT, FANNIN
COUNTY, TEXAS.
(a) Finalization Required.--The Secretary shall ensure that
environmental decisions and reviews related to the construction of,
impoundment of water in, and operation of the Lower Bois d'Arc Creek
Reservoir Project, including any associated water transmission
facilities, by the North Texas Municipal Water District in Fannin
County, Texas, are made on an expeditious basis using the fastest
applicable process.
(b) Interim Report.--Not later than June 30, 2017, the Secretary
shall report to Congress on the implementation of subsection (a).
[[Page 130 STAT. 1660]]
SEC. 1148. RECREATIONAL ACCESS AT CORPS OF ENGINEERS RESERVOIRS.
Section 1035 of the Water Resources Reform and Development Act of
2014 (Public Law 113-121; 128 Stat. 1234) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Recreational Access.--The Secretary shall allow the use of a
floating cabin on waters under the jurisdiction of the Secretary in the
Cumberland River basin if--
``(1) the floating cabin--
``(A) is in compliance with, and maintained by the
owner to satisfy the requirements of, regulations for
recreational vessels, including health and safety
standards, issued under chapter 43 of title 46, United
States Code, and section 312 of the Federal Water
Pollution Control Act (33 U.S.C. 1322); and
``(B) is located at a marina leased by the Corps of
Engineers; and
``(2) the Secretary has authorized the use of recreational
vessels on such waters.''; and
(2) by adding at the end the following:
``(c) Limitation on Statutory Construction.--
``(1) In general.--Nothing in this section may be construed
to authorize the Secretary to impose requirements on a floating
cabin or on any facility that serves a floating cabin, including
marinas or docks located on waters under the jurisdiction of the
Secretary in the Cumberland River basin, that are different or
more stringent than the requirements imposed on all recreational
vessels authorized to use such waters.
``(2) Definitions.--In this subsection, the following
definitions apply:
``(A) Vessel.--The term `vessel' has the meaning
given that term in section 3 of title 1, United States
Code.
``(B) Requirement.--The term `requirement' includes
a requirement imposed through the utilization of
guidance.''.
SEC. 1149. <<NOTE: 33 USC 1223 note.>> NO WAKE ZONES IN
NAVIGATION CHANNELS.
(a) In General.--At the request of a State or local official, the
Secretary, in consultation with the Commandant of the Coast Guard, shall
promptly identify and, subject to the considerations in subsection (b),
allow the implementation of measures for addressing navigation safety
hazards in a covered navigation channel resulting from wakes created by
recreational vessels identified by such official, while maintaining the
navigability of the channel.
(b) Considerations.--In identifying measures under subsection (a)
with respect to a covered navigation channel, the Secretary shall
consider, at a minimum, whether--
(1) State or local law enforcement officers have documented
the existence of safety hazards in the channel that are the
direct result of excessive wakes from recreational vessels
present in the channel;
(2) the Secretary has made a determination that safety
concerns exist in the channel and that the proposed measures
will remedy those concerns without significant impacts to the
navigable capacity of the channel; and
[[Page 130 STAT. 1661]]
(3) the measures are consistent with any recommendations
made by the Commandant of the Coast Guard to ensure the safety
of vessels operating in the channel and the safety of the
passengers and crew aboard such vessels.
(c) Covered Navigation Channel Defined.--In this section, the term
``covered navigation channel'' means a navigation channel that--
(1) is federally marked or maintained;
(2) is part of the Atlantic Intracoastal Waterway; and
(3) is adjacent to a marina.
(d) Savings Clause.--Nothing in this section shall be construed to
relieve the master, pilot, or other person responsible for determining
the speed of a vessel from the obligation to comply with the inland
navigation regulations promulgated pursuant to section 3 of the Inland
Navigational Rules Act of 1980 (33 U.S.C. 2071) or any other applicable
laws or regulations governing the safe navigation of a vessel.
SEC. 1150. <<NOTE: 33 USC 701s note.>> ICE JAM PREVENTION AND
MITIGATION.
(a) In General.--The Secretary may carry out projects under section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s), including
planning, design, construction, and monitoring of structural and
nonstructural technologies and measures, for preventing and mitigating
flood damages associated with ice jams.
(b) Inclusion.--The projects described in subsection (a) may include
the development and demonstration of cost-effective technologies and
designs developed in consultation with--
(1) the Cold Regions Research and Engineering Laboratory of
the Corps of Engineers;
(2) universities;
(3) Federal, State, and local agencies; and
(4) private organizations.
(c) Pilot Program.--
(1) In general.--During fiscal years 2017 through 2022, the
Secretary shall identify and carry out not fewer than 10
projects under this section to demonstrate technologies and
designs developed in accordance with this section.
(2) Project selection.--The Secretary shall ensure that the
projects are selected from all cold regions of the United
States, including the Upper Missouri River Basin and the
Northeast.
SEC. 1151. <<NOTE: 33 USC 2353.>> STRUCTURAL HEALTH MONITORING.
(a) In General.--The Secretary shall design and develop a structural
health monitoring program to assess and improve the condition of
infrastructure constructed and maintained by the Corps of Engineers,
including research, design, and development of systems and frameworks
for--
(1) response to flood and earthquake events;
(2) predisaster mitigation measures;
(3) lengthening the useful life of the infrastructure; and
(4) identifying risks due to sea level rise.
(b) Consultation and Considerations.--In developing the program
under subsection (a), the Secretary shall--
(1) consult with academic and other experts; and
[[Page 130 STAT. 1662]]
(2) consider models for maintenance and repair information,
the development of degradation models for real-time measurements
and environmental inputs, and research on qualitative inspection
data as surrogate sensors.
SEC. 1152. KENNEWICK MAN.
(a) Definitions.--In this section, the following definitions apply:
(1) Claimant tribes.--The term ``claimant tribes'' means the
Confederated Tribes of the Colville Reservation, the
Confederated Tribes and Bands of the Yakama Nation, the Nez
Perce Tribe, the Confederated Tribes of the Umatilla Indian
Reservation, and the Wanapum Band of Priest Rapids.
(2) Department.--The term ``Department'' means the
Washington State Department of Archaeology and Historic
Preservation.
(3) Human remains.--The term ``human remains'' means the
human remains that--
(A) are known as Kennewick Man or the Ancient One,
which includes the projectile point lodged in the right
ilium bone, as well as any residue from previous
sampling and studies; and
(B) are part of archaeological collection number
45BN495.
(b) Transfer.--Notwithstanding any other provision of Federal law,
including the Native American Graves Protection and Repatriation Act (25
U.S.C. 3001 et seq.), or law of the State of Washington, not later than
90 days after the date of enactment of this Act, the Secretary, acting
through the Chief of Engineers, shall transfer the human remains to the
Department, on the condition that the Department, acting through the
State Historic Preservation Officer, disposes of the human remains and
repatriates the human remains to the claimant tribes.
(c) Terms and Conditions.--The transfer shall be subject to the
following terms and conditions:
(1) The release of the human remains to the claimant tribes
is contingent upon the claimant tribes following the
Department's requirements in the Revised Code of Washington.
(2) The claimant tribes verify to the Department their
agreement on the final burial place of the human remains.
(3) The claimant tribes verify to the Department their
agreement that the human remains will be buried in the State of
Washington.
(4) The claimant tribes verify to the Department their
agreement that the Department will take legal custody of the
human remains upon the transfer by the Secretary.
(d) Cost.--The Corps of Engineers shall be responsible for any costs
associated with the transfer.
(e) Limitations.--
(1) In general.--The transfer shall be limited solely to the
human remains portion of the archaeological collection.
(2) Secretary.--The Secretary shall have no further
responsibility for the human remains transferred pursuant to
subsection (b) after the date of the transfer.
[[Page 130 STAT. 1663]]
SEC. 1153. AUTHORITY TO ACCEPT AND USE MATERIALS AND SERVICES.
Section 1024 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2325a) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Subject to subsection (b), the Secretary is
authorized to accept and use materials, services, or funds contributed
by a non-Federal public entity, a nonprofit entity, or a private entity
to repair, restore, replace, or maintain a water resources project in
any case in which the District Commander determines that--
``(1) there is a risk of adverse impacts to the functioning
of the project for the authorized purposes of the project; and
``(2) acceptance of the materials and services or funds is
in the public interest.'';
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following:
``(c) Additional Requirements.--
``(1) Applicable laws and regulations.--The Secretary may
only use materials or services accepted under this section if
such materials and services comply with all applicable laws and
regulations that would apply if such materials and services were
acquired by the Secretary.
``(2) Supplementary services.--The Secretary may only accept
and use services under this section that provide supplementary
services to existing Federal employees, and may only use such
services to perform work that would not otherwise be
accomplished as a result of funding or personnel limitations.'';
and
(4) in subsection (d) (as redesignated by paragraph (2)) in
the matter preceding paragraph (1)--
(A) by striking ``Not later than 60 days after
initiating an activity under this section,'' and
inserting ``Not later than February 1 of each year after
the first fiscal year in which materials, services, or
funds are accepted under this section,''; and
(B) by striking ``a report'' and inserting ``an
annual report''.
SEC. 1154. MUNITIONS DISPOSAL.
Section 1027 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 426e-2) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, at full Federal expense,'' after ``The
Secretary may''; and
(2) in subsection (b) by striking ``funded'' and inserting
``reimbursed''.
SEC. 1155. MANAGEMENT OF RECREATION FACILITIES.
Section 225 of the Water Resources Development Act of 1992 (33
U.S.C. 2328) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) User Fees.--
``(1) Collection of fees.--
``(A) In general.--The Secretary may allow a non-
Federal public entity that has entered into an agreement
[[Page 130 STAT. 1664]]
pursuant to subsection (b) to collect user fees for the
use of developed recreation sites and facilities,
whether developed or constructed by that entity or the
Department of the Army.
``(B) Use of visitor reservation services.--A non-
Federal public entity described in subparagraph (A) may
use, to manage fee collections and reservations under
this section, any visitor reservation service that the
Secretary has provided for by contract or interagency
agreement, subject to such terms and conditions as the
Secretary determines to be appropriate.
``(2) Use of fees.--A non-Federal public entity that
collects user fees under paragraph (1)--
``(A) may retain up to 100 percent of the fees
collected, as determined by the Secretary; and
``(B) notwithstanding section 210(b)(4) of the Flood
Control Act of 1968 (16 U.S.C. 460d-3(b)(4)), shall use
any retained amount for operation, maintenance, and
management activities at the recreation site at which
the fee is collected.
``(3) Terms and conditions.--The authority of a non-Federal
public entity under this subsection shall be subject to such
terms and conditions as the Secretary determines necessary to
protect the interests of the United States.''.
SEC. 1156. STRUCTURES AND FACILITIES CONSTRUCTED BY SECRETARY.
(a) In General.--Section 14 of the Act of March 3, 1899 (30 Stat.
1152, chapter 425; 33 U.S.C. 408), is amended--
(1) by striking ``That it shall not be lawful'' and
inserting the following:
``(a) Prohibitions and Permissions.--It shall not be lawful''; and
(2) by adding at the end the following:
``(b) Concurrent Review.--
``(1) NEPA review.--
``(A) In general.--In any case in which an activity
subject to this section requires a review under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), review and approval of the activity under
this section shall, to the maximum extent practicable,
occur concurrently with any review and decisions made
under that Act.
``(B) Corps of engineers as a cooperating agency.--
If the Corps of Engineers is not the lead Federal agency
for an environmental review described in subparagraph
(A), the Corps of Engineers shall, to the maximum extent
practicable and consistent with Federal laws--
``(i) participate in the review as a
cooperating agency (unless the Corps of Engineers
does not intend to submit comments on the
project); and
``(ii) adopt and use any environmental
document prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the
lead agency to the same extent that a Federal
agency could adopt or use a document prepared by
another Federal agency under--
[[Page 130 STAT. 1665]]
``(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
``(II) parts 1500 through 1508 of
title 40, Code of Federal Regulations
(or successor regulations).
``(2) Reviews by secretary.--In any case in which the
Secretary must approve an action under this section and under
another authority, including sections 9 and 10 of this Act,
section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344), and section 103 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413), the
Secretary shall--
``(A) coordinate applicable reviews and, to the
maximum extent practicable, carry out the reviews
concurrently; and
``(B) adopt and use any document prepared by the
Corps of Engineers for the purpose of complying with the
same law and that addresses the same types of impacts in
the same geographic area if such document, as determined
by the Secretary, is current and applicable.
``(3) Contributed funds.--The Secretary may accept and
expend funds received from non-Federal public or private
entities to evaluate under this section an alteration or
permanent occupation or use of a work built by the United
States.
``(c) Timely Review.--
``(1) Complete application.--On or before the date that is
30 days after the date on which the Secretary receives an
application for permission to take action affecting public
projects pursuant to subsection (a), the Secretary shall inform
the applicant whether the application is complete and, if it is
not, what items are needed for the application to be complete.
``(2) Decision.--On or before the date that is 90 days after
the date on which the Secretary receives a complete application
for permission under subsection (a), the Secretary shall--
``(A) make a decision on the application; or
``(B) provide a schedule to the applicant
identifying when the Secretary will make a decision on
the application.
``(3) Notification to congress.--In any case in which a
schedule provided under paragraph (2)(B) extends beyond 120 days
from the date of receipt of a complete application, the
Secretary shall provide to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives an
explanation justifying the extended timeframe for review.''.
(b) Guidance.--Section 1007 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 408a) is amended by adding at the end
the following:
``(f) Guidance.--
``(1) In general.--Not later than 120 days after the date of
enactment of this subsection, the Secretary shall issue guidance
on the implementation of this section.
``(2) Incorporation.--In issuing guidance under paragraph
(1), or any other regulation, guidance, or engineering circular
related to activities covered under section 14 of the Act of
March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408),
[[Page 130 STAT. 1666]]
the Secretary shall incorporate the requirements under this
section.
``(g) Prioritization.--The Secretary shall prioritize and complete
the activities required of the Secretary under this section.''.
SEC. 1157. PROJECT COMPLETION.
(a) Completion of Projects and Programs.--
(1) In general.--For any project or program of assistance
authorized under section 219 of the Water Resources Development
Act of 1992 (Public Law 102-580; 106 Stat. 4835), the Secretary
is authorized to carry out the project to completion if--
(A) as of the date of enactment of this Act, the
project has received more than $4,000,000 in Federal
appropriations and those appropriations equal an amount
that is greater than 80 percent of the authorized
amount;
(B) as of the date of enactment of this Act,
significant progress has been demonstrated toward
completion of the project or segments of the project but
the project is not complete; and
(C) the benefits of the Federal investment will not
be realized without completion of the project.
(2) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out this subsection
$50,000,000 for fiscal years 2017 through 2021.
(b) Modification of Projects or Programs of Assistance.--Section
7001(f) of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d(f)) is amended by adding at the end the following:
``(5) Water resources development project.--The term `water
resources development project' includes a project under an
environmental infrastructure assistance program if authorized
before the date of enactment of the Water Resources Development
Act of 2016.''.
SEC. 1158. NEW ENGLAND DISTRICT HEADQUARTERS.
(a) In General.--Subject to subsection (b), using amounts available
in the revolving fund established by the first section of the Act of
July 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 576), and not
otherwise obligated, the Secretary may--
(1) design, renovate, and construct additions to 2 buildings
located on Hanscom Air Force Base in Bedford, Massachusetts, for
the headquarters of the New England District of the Corps of
Engineers; and
(2) carry out such construction and infrastructure
improvements as are required to support the headquarters of the
New England District of the Corps of Engineers, including any
necessary demolition of the existing infrastructure.
(b) Requirement.--In carrying out subsection (a), the Secretary
shall ensure that the revolving fund established by such first section
is appropriately reimbursed from funds appropriated for programs that
receive a benefit under this section.
SEC. 1159. BUFFALO DISTRICT HEADQUARTERS.
(a) In General.--Subject to subsection (b), using amounts available
in the revolving fund established by the first section of the Act of
July 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 576), and not
otherwise obligated, the Secretary may--
[[Page 130 STAT. 1667]]
(1) design and construct a new building in Buffalo, New
York, for the headquarters of the Buffalo District of the Corps
of Engineers; and
(2) carry out such construction and infrastructure
improvements as are required to support the headquarters and
related installations and facilities of the Buffalo District of
the Corps of Engineers, including any necessary demolition or
renovation of the existing infrastructure.
(b) Requirement.--In carrying out subsection (a), the Secretary
shall ensure that the revolving fund established by such first section
is appropriately reimbursed from funds appropriated for programs that
receive a benefit under this section.
SEC. 1160. <<NOTE: 33 USC 701b-10.>> FUTURE FACILITY INVESTMENT.
The first section of the Act of July 27, 1953 (67 Stat. 199, chapter
245; 33 U.S.C. 576), is amended--
(1) by striking ``For establishment of a revolving fund''
and inserting the following:
``(a) Revolving Fund.--For establishment of a revolving fund''; and
(2) by adding at the end the following:
``(b) Prohibition.--
``(1) In general.--No funds may be expended or obligated
from the revolving fund described in subsection (a) to newly
construct, or perform a major renovation on, a building for use
by the Corps of Engineers unless specifically authorized by law.
``(2) Statutory construction.--Nothing in this subsection
may be construed to--
``(A) change any authority provided under subchapter
I of chapter 169 of title 10; or
``(B) change the use of funds under subsection (a)
for purposes other than those described in paragraph
(1).
``(c) Transmission to Congress of Prospectus.--To secure
consideration for an authorization under subsection (b), the Secretary
shall transmit to the Committee on Transportation and Infrastructure of
the House of Representative and the Committee on Environment and Public
Works of the Senate a prospectus of the proposed construction or major
renovation of a building that includes--
``(1) a brief description of the building;
``(2) the location of the building;
``(3) an estimate of the maximum cost to be provided by the
revolving fund for the building to be constructed or renovated;
``(4) the total size of the building after the proposed
construction or major renovation;
``(5) the number of personnel proposed to be housed in the
building after the construction or major renovation;
``(6) a statement that other suitable space owned by the
Federal Government is not available;
``(7) a statement of rents and other housing costs currently
being paid for the tenants proposed to be housed in the
building; and
``(8) the size of the building currently housing the tenants
proposed to be housed in the building.
``(d) Provision of Building Project Surveys.--
[[Page 130 STAT. 1668]]
``(1) In general.--If requested by resolution by the
Committee on Environment and Public Works of the Senate or the
Committee on Transportation and Infrastructure of the House of
Representatives, the Secretary shall create a building project
survey for the construction or major renovation of a building
described in subsection (b).
``(2) Report.--Within a reasonable time after creating a
building project survey under paragraph (1), the Secretary shall
submit to Congress a report on the survey that includes the
information required to be included in a prospectus under
subsection (c).
``(e) Major Renovation Defined.--In this section, the term `major
renovation' means a renovation or alteration of a building for use by
the Corps of Engineers with a total expenditure of more than
$20,000,000.''.
SEC. 1161. COMPLETION OF ECOSYSTEM RESTORATION PROJECTS.
Section 2039 of the Water Resources Development Act of 2007 (33
U.S.C. 2330a) is amended by adding at the end the following:
``(d) Inclusions.--A monitoring plan under subsection (b) shall
include a description of--
``(1) the types and number of restoration activities to be
conducted;
``(2) the physical action to be undertaken to achieve the
restoration objectives of the project;
``(3) the functions and values that will result from the
restoration plan; and
``(4) a contingency plan for taking corrective actions in
cases in which monitoring demonstrates that restoration measures
are not achieving ecological success in accordance with criteria
described in the monitoring plan.
``(e) Conclusion of Operation and Maintenance Responsibility.--The
responsibility of a non-Federal interest for operation and maintenance
of the nonstructural and nonmechanical elements of a project, or a
component of a project, for ecosystem restoration shall cease 10 years
after the date on which the Secretary makes a determination of success
under subsection (b)(2).
``(f) Federal Obligations.--The Secretary is not responsible for the
operation or maintenance of any components of a project with respect to
which a non-Federal interest is released from obligations under
subsection (e).''.
SEC. 1162. FISH AND WILDLIFE MITIGATION.
Section 906 of the Water Resources Development Act of 1986 (33
U.S.C. 2283) is amended--
(1) in subsection (h)--
(A) in paragraph (4)--
(i) by redesignating subparagraphs (D) and (E)
as subparagraphs (E) and (F), respectively; and
(ii) by inserting after subparagraph (C) the
following:
``(D) include measures to protect or restore habitat
connectivity;'';
(B) in paragraph (6)(C) by striking ``impacts'' and
inserting ``impacts, including impacts to habitat
connectivity''; and
(C) by striking paragraph (11) and inserting the
following:
[[Page 130 STAT. 1669]]
``(11) Effect.--Nothing in this subsection--
``(A) requires the Secretary to undertake additional
mitigation for existing projects for which mitigation
has already been initiated, including the addition of
fish passage to an existing water resources development
project; or
``(B) affects the mitigation responsibilities of the
Secretary under any other provision of law.''; and
(2) by adding at the end the following:
``(j) Use of Funds.--
``(1) In general.--The Secretary, with the consent of the
applicable non-Federal interest, may use funds made available
for preconstruction engineering and design after authorization
of project construction to satisfy mitigation requirements
through third-party arrangements or to acquire interests in land
necessary for meeting mitigation requirements under this
section.
``(2) Notification.--Prior to the expenditure of any funds
for a project pursuant to paragraph (1), the Secretary shall
notify the Committee on Appropriations and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Appropriations and the
Committee on Environment and Public Works of the Senate.
``(k) Measures.--The Secretary shall consult with interested members
of the public, the Director of the United States Fish and Wildlife
Service, the Assistant Administrator for Fisheries of the National
Oceanic and Atmospheric Administration, States, including State fish and
game departments, and interested local governments to identify standard
measures under subsection (h)(6)(C) that reflect the best available
scientific information for evaluating habitat connectivity.''.
SEC. 1163. WETLANDS MITIGATION.
Section 2036(c) of the Water Resources Development Act of 2007 (33
U.S.C. 2317b) is amended to read as follows:
``(c) Mitigation Banks and In-Lieu Fee Arrangements.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Water Resources Development Act of 2016, the
Secretary shall issue implementation guidance that provides for
the consideration in water resources development feasibility
studies of the entire amount of potential in-kind credits
available at mitigation banks approved by the Secretary and in-
lieu fee programs with an approved service area that includes
the location of the projected impacts of the water resources
development project.
``(2) Requirements.--All potential mitigation bank and in-
lieu fee credits that meet the criteria under paragraph (1)
shall be considered a reasonable alternative for planning
purposes if--
``(A) the applicable mitigation bank--
``(i) has an approved mitigation banking
instrument; and
``(ii) has completed a functional analysis of
the potential credits using the approved Corps of
Engineers certified habitat assessment model
specific to the region; and
[[Page 130 STAT. 1670]]
``(B) the Secretary determines that the use of such
banks or in-lieu fee programs provide reasonable
assurance that the statutory (and regulatory) mitigation
requirements for a water resources development project
are met, including monitoring or demonstrating
mitigation success.
``(3) Effect.--Nothing in this subsection--
``(A) modifies or alters any requirement for a water
resources development project to comply with applicable
laws or regulations, including section 906 of the Water
Resources Development Act of 1986 (33 U.S.C. 2283); or
``(B) shall be construed as to limit mitigation
alternatives or require the use of mitigation banks or
in-lieu fee programs.''.
SEC. 1164. DEBRIS REMOVAL.
Section 3 of the Act of March 2, 1945 (59 Stat. 23, chapter 19; 33
U.S.C. 603a), is amended--
(1) by striking ``$1,000,000'' and inserting ``$5,000,000'';
(2) by striking ``accumulated snags and other debris'' and
inserting ``accumulated snags, obstructions, and other debris
located in or adjacent to a Federal channel''; and
(3) by striking ``or flood control'' and inserting ``, flood
control, or recreation''.
SEC. 1165. <<NOTE: 33 USC 578a.>> DISPOSITION STUDIES.
(a) In General.--In carrying out a disposition study for a project
of the Corps of Engineers, including a disposition study under section
216 of the Flood Control Act of 1970 (33 U.S.C. 549a) or an assessment
under section 6002 of the Water Resources Reform and Development Act of
2014 (Public Law 113-121; 128 Stat. 1349), the Secretary shall consider
the extent to which the property concerned has economic, cultural,
historic, or recreational significance or impacts at the national,
State, or local level.
(b) Completion of Assessment and Inventory.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall complete
the assessment and inventory required under section 6002(a) of the Water
Resources Reform and Development Act of 2014 (Public Law 113-121; 128
Stat. 1349).
SEC. 1166. TRANSFER OF EXCESS CREDIT.
Section 1020(a) of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2223(a)) is amended--
(1) by striking the subsection designation and heading and
all that follows through ``Subject to subsection (b)'' and
inserting the following:
``(a) Application of Credit.--
``(1) In general.--Subject to subsection (b)''; and
(2) by adding at the end the following:
``(2) Application prior to completion of project.--On
request of a non-Federal interest, the credit described in
paragraph (1) may be applied prior to completion of a study or
project, if the credit amount is verified by the Secretary.''.
SEC. 1167. HURRICANE AND STORM DAMAGE REDUCTION.
Section 3(c)(2)(B) of the Act of August 13, 1946 (60 Stat. 1056,
chapter 960; 33 U.S.C. 426g(c)(2)(B)), is amended by striking
``$5,000,000'' and inserting ``$10,000,000''.
[[Page 130 STAT. 1671]]
SEC. 1168. <<NOTE: 33 USC 2330b.>> FISH HATCHERIES.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may operate a fish hatchery for the purpose of restoring a
population of fish species located in the region surrounding the fish
hatchery that is listed as a threatened species or an endangered species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or a
similar State law.
(b) Costs.--A non-Federal entity, another Federal agency, or a group
of non-Federal entities or other Federal agencies shall be responsible
for 100 percent of the additional costs associated with managing a fish
hatchery for the purpose described in subsection (a) that are not
authorized as of the date of enactment of this Act for the fish
hatchery.
SEC. 1169. SHORE DAMAGE PREVENTION OR MITIGATION.
Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) is
amended--
(1) in subsection (b) by striking ``measures'' and all that
follows through ``project'' and inserting ``measures, including
a study, shall be cost-shared in the same proportion as the
cost-sharing provisions applicable to construction of the
project''; and
(2) by adding at the end the following:
``(e) Reimbursement for Feasibility Studies.--Beginning on the date
of enactment of this subsection, in any case in which the Secretary
implements a project under this section, the Secretary shall reimburse
or credit the non-Federal interest for any amounts contributed for the
study evaluating the damage in excess of the non-Federal share of the
costs, as determined under subsection (b).''.
SEC. 1170. ENHANCING LAKE RECREATION OPPORTUNITIES.
Section 3134 of the Water Resources Development Act of 2007 (Public
Law 110-114; 121 Stat. 1142) is amended by striking subsection (e).
SEC. 1171. CREDIT IN LIEU OF REIMBURSEMENT.
Section 1022 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2225) is amended--
(1) in subsection (a) by striking ``that has been
constructed by a non-Federal interest under section 211 of the
Water Resources Development Act of 1996 (33 U.S.C. 701b-13)
before the date of enactment of this Act'' and inserting ``for
which a written agreement with the Corps of Engineers for
construction was finalized on or before December 31, 2014, under
section 211 of the Water Resources Development Act of 1996 (33
U.S.C. 701b-13) (as it existed before the repeal made by section
1014(c)(3))''; and
(2) in subsection (b) by striking ``share of the cost of the
non-Federal interest of carrying out other flood damage
reduction projects or studies'' and inserting ``non-Federal
share of the cost of carrying out other water resources
development projects or studies of the non-Federal interest''.
SEC. 1172. <<NOTE: 33 USC 2354.>> EASEMENTS FOR ELECTRIC,
TELEPHONE, OR BROADBAND SERVICE
FACILITIES.
(a) Definition of Water Resources Development Project.--In this
section, the term ``water resources development
[[Page 130 STAT. 1672]]
project'' means a project under the administrative jurisdiction of the
Corps of Engineers that is subject to part 327 of title 36, Code of
Federal Regulations (or successor regulations).
(b) No Consideration for Easements.--The Secretary may not collect
consideration for an easement across water resources development project
land for the electric, telephone, or broadband service facilities of
nonprofit organizations eligible for financing under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.).
(c) Administrative Expenses.--Nothing in this section affects the
authority of the Secretary under section 2695 of title 10, United States
Code, or under section 9701 of title 31, United State Code, to collect
funds to cover reasonable administrative expenses incurred by the
Secretary.
SEC. 1173. STUDY ON PERFORMANCE OF INNOVATIVE MATERIALS.
(a) Innovative Material Defined.--In this section, the term
``innovative material'', with respect to a water resources development
project, includes high performance concrete formulations, geosynthetic
materials, advanced alloys and metals, reinforced polymer composites,
including any coatings or other corrosion prevention methods used in
conjunction with such materials, and any other material, as determined
by the Secretary.
(b) Study.--
(1) In general.--The Secretary shall offer to enter into a
contract with the Transportation Research Board of the National
Academy of Sciences--
(A) to develop a proposal to study the use and
performance of innovative materials in water resources
development projects carried out by the Corps of
Engineers; and
(B) after the opportunity for public comment
provided in accordance with subsection (c), to carry out
the study proposed under subparagraph (A).
(2) Contents.--The study under paragraph (1) shall
identify--
(A) the conditions that result in degradation of
water resources infrastructure;
(B) the capabilities of innovative materials in
reducing degradation;
(C) any statutory, fiscal, regulatory, or other
barriers to the expanded successful use of innovative
materials;
(D) recommendations on including performance-based
requirements for the incorporation of innovative
materials into the Unified Facilities Guide
Specifications;
(E) recommendations on how greater use of innovative
materials could increase performance of an asset of the
Corps of Engineers in relation to extended service life;
(F) additional ways in which greater use of
innovative materials could empower the Corps of
Engineers to accomplish the goals of the Strategic Plan
for Civil Works of the Corps of Engineers; and
(G) recommendations on any further research needed
to improve the capabilities of innovative materials in
achieving extended service life and reduced maintenance
costs in water resources development infrastructure.
(c) Public Comment.--After developing the study proposal under
subsection (b)(1)(A) and before carrying out the study under
[[Page 130 STAT. 1673]]
subsection (b)(1)(B), the Secretary shall provide an opportunity for
public comment on the study proposal.
(d) Consultation.--In carrying out the study under subsection
(b)(1), the Secretary, at a minimum, shall consult with relevant experts
on engineering, environmental, and industry considerations.
(e) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a report
describing the results of the study under subsection (b)(1).
SEC. 1174. <<NOTE: 33 USC 708 note.>> CONVERSION OF SURPLUS WATER
AGREEMENTS.
For the purposes of section 6 of the Act of December 22, 1944 (58
Stat. 890, chapter 665; 33 U.S.C. 708), in any case in which a water
supply agreement with a duration of 30 years or longer was predicated on
water that was surplus to a purpose and provided for the complete
payment of the actual investment costs of storage to be used, and that
purpose is no longer authorized as of the date of enactment of this
section, the Secretary shall provide to the non-Federal entity an
opportunity to convert the agreement to a permanent storage agreement in
accordance with section 301 of the Water Supply Act of 1958 (43 U.S.C.
390b), with the same payment terms incorporated in the agreement.
SEC. 1175. PROJECTS FUNDED BY THE INLAND WATERWAYS TRUST FUND.
Beginning on June 10, 2014, and ending on the date of the completion
of the project for navigation, Lower Ohio River, Locks and Dams 52 and
53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water
Resources Development Act of 1988 (102 Stat. 4013), section 1001(b)(2)
of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2))
shall not apply to any project authorized to receive funding from the
Inland Waterways Trust Fund established by section 9506(a) of the
Internal Revenue Code of 1986.
SEC. 1176. REHABILITATION ASSISTANCE.
Section 5 of the Act of August 18, 1941 (55 Stat. 650, chapter 377;
33 U.S.C. 701n), is amended--
(1) in subsection (a) by adding at the end the following:
``(3) Nonstructural alternatives defined.--In this
subsection, the term `nonstructural alternatives' includes
efforts to restore or protect natural resources, including
streams, rivers, floodplains, wetlands, or coasts, if those
efforts will reduce flood risk.''; and
(2) by adding at the end the following:
``(d) Increased Level of Protection.--In conducting repair or
restoration work under subsection (a), at the request of the non-Federal
sponsor, the Chief of Engineers may increase the level of protection
above the level to which the system was designed, or, if the repair or
restoration includes repair or restoration of a pumping station,
increase the capacity of a pump, if--
``(1) the Chief of Engineers determines the improvements are
in the public interest, including consideration of whether--
``(A) the authority under this section has been used
more than once at the same location;
``(B) there is an opportunity to decrease
significantly the risk of loss of life and property
damage; or
``(C) there is an opportunity to decrease total life
cycle rehabilitation costs for the project; and
[[Page 130 STAT. 1674]]
``(2) the non-Federal sponsor agrees to pay the difference
between the cost of repair or restoration to the original design
level or original capacity and the cost of achieving the higher
level of protection or capacity sought by the non-Federal
sponsor.
``(e) Notice.--The Secretary shall notify and consult with the non-
Federal sponsor regarding the opportunity to request implementation of
nonstructural alternatives to the repair or restoration of a flood
control work under subsection (a).''.
SEC. 1177. <<NOTE: 33 USC 467f-2 note.>> REHABILITATION OF CORPS
OF ENGINEERS CONSTRUCTED DAMS.
(a) In General.--If the Secretary determines that the project is
feasible, the Secretary may carry out a project for the rehabilitation
of a dam described in subsection (b).
(b) Eligible Dams.--A dam eligible for assistance under this section
is a dam--
(1) that has been constructed, in whole or in part, by the
Corps of Engineers for flood control purposes;
(2) for which construction was completed before 1940;
(3) that is classified as ``high hazard potential'' by the
State dam safety agency of the State in which the dam is
located; and
(4) that is operated by a non-Federal entity.
(c) Cost Sharing.--Non-Federal interests shall provide 35 percent of
the cost of construction of any project carried out under this section,
including provision of all land, easements, rights-of-way, and necessary
relocations.
(d) Agreements.--Construction of a project under this section shall
be initiated only after a non-Federal interest has entered into a
binding agreement with the Secretary--
(1) to pay the non-Federal share of the costs of
construction under subsection (c); and
(2) to pay 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to the project
in accordance with regulations prescribed by the Secretary.
(e) Cost Limitation.--The Secretary shall not expend more than
$10,000,000 for a project at any single dam under this section.
(f) Funding.--There is authorized to be appropriated to carry out
this section $10,000,000 for each of fiscal years 2017 through 2026.
SEC. 1178. COLUMBIA RIVER.
(a) Ecosystem Restoration.--Section 536(g) of the Water Resources
Development Act of 2000 (Public Law 106-541; 114 Stat. 2662; 128 Stat.
1314) is amended by striking ``$50,000,000'' and inserting
``$75,000,000''.
(b) Watercraft Inspection Stations.--Section 104 of the River and
Harbor Act of 1958 (33 U.S.C. 610) is amended--
(1) in subsection (d)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--In carrying out this section, the
Secretary may establish, operate, and maintain new or existing
watercraft inspection stations to protect the Columbia River
Basin to be located in the States of Idaho, Montana, Oregon, and
Washington at locations, as determined by the Secretary in
consultation with such States, with the highest likelihood
[[Page 130 STAT. 1675]]
of preventing the spread of aquatic invasive species at
reservoirs operated and maintained by the Secretary. The
Secretary shall also assist the States referred to in this
paragraph with rapid response to any aquatic invasive species,
including quagga or zebra mussel, infestation.''; and
(B) in paragraph (3)(A) by inserting ``Governors of
the'' before ``States''; and
(2) in subsection (e) by striking paragraph (3) and
inserting the following:
``(3) assist States in early detection of aquatic invasive
species, including quagga and zebra mussels; and''.
(c) Tribal Assistance.--
(1) Assistance authorized.--
(A) In general.--Upon the request of the Secretary
of the Interior, the Secretary may provide assistance on
land transferred by the Department of the Army to the
Department of the Interior pursuant to title IV of
Public Law 100-581 (102 Stat. 2944; 110 Stat. 766; 110
Stat. 3762; 114 Stat. 2679; 118 Stat. 544) to Indian
tribes displaced as a result of the construction of the
Bonneville Dam, Oregon.
(B) Clarification.--
(i) In general.--The Secretary is authorized
to provide the assistance described in
subparagraph (A) based on information known or
studies undertaken by the Secretary prior to the
date of enactment of this subsection.
(ii) Additional studies.--To the extent that
the Secretary determines necessary, the Secretary
is authorized to undertake additional studies to
further examine any impacts to Indian tribes
identified in subparagraph (A) beyond any
information or studies identified under clause
(i), except that the Secretary is authorized to
provide the assistance described in subparagraph
(A) based solely on information known or studies
undertaken by the Secretary prior to the date of
enactment of this subsection.
(2) Study of impacts of john day dam, oregon.--The Secretary
shall--
(A) conduct a study to determine the number of
Indian tribes displaced by the construction of the John
Day Dam, Oregon; and
(B) recommend to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a plan to provide assistance to Indian tribes displaced
as a result of the construction of the John Day Dam,
Oregon.
SEC. 1179. MISSOURI RIVER.
(a) Reservoir Sediment Management.--
(1) Definition of sediment management plan.--In this
subsection, the term ``sediment management plan'' means a plan
for preventing sediment from reducing water storage capacity at
a reservoir and increasing water storage capacity through
sediment removal at a reservoir.
[[Page 130 STAT. 1676]]
(2) Upper missouri river basin pilot program.--The Secretary
shall carry out a pilot program for the development and
implementation of sediment management plans for reservoirs owned
and operated by the Secretary in the Upper Missouri River Basin,
on request by project beneficiaries.
(3) Plan elements.--A sediment management plan under
paragraph (2) shall--
(A) provide opportunities for project beneficiaries
and other stakeholders to participate in sediment
management decisions;
(B) evaluate the volume of sediment in a reservoir
and impacts on storage capacity;
(C) identify preliminary sediment management
options, including sediment dikes and dredging;
(D) identify constraints;
(E) assess technical feasibility, economic
justification, and environmental impacts;
(F) identify beneficial uses for sediment; and
(G) to the maximum extent practicable, use, develop,
and demonstrate innovative, cost-saving technologies,
including structural and nonstructural technologies and
designs, to manage sediment.
(4) Cost share.--The beneficiaries requesting a sediment
management plan shall share in the cost of development and
implementation of the plan and such cost shall be allocated
among the beneficiaries in accordance with the benefits to be
received.
(5) Contributed funds.--The Secretary may accept funds from
non-Federal interests and other Federal agencies to develop and
implement a sediment management plan under this subsection.
(6) Guidance.--The Secretary shall use the knowledge gained
through the development and implementation of sediment
management plans under paragraph (2) to develop guidance for
sediment management at other reservoirs.
(7) Partnership with secretary of the interior.--
(A) In general.--The Secretary shall carry out the
pilot program established under this subsection in
partnership with the Secretary of the Interior, and the
program may apply to reservoirs managed or owned by the
Bureau of Reclamation on execution of a memorandum of
agreement between the Secretary and the Secretary of the
Interior establishing the framework for a partnership
and the terms and conditions for sharing expertise and
resources.
(B) Lead agency.--The Secretary that has primary
jurisdiction over a reservoir shall take the lead in
developing and implementing a sediment management plan
for that reservoir.
(8) Other authorities not affected.--Nothing in this
subsection affects sediment management or the share of costs
paid by Federal and non-Federal interests relating to sediment
management under any other provision of law (including
regulations).
(b) Snowpack and Drought Monitoring.--Section 4003(a) of the Water
Resources Reform and Development Act of 2014 (Public
[[Page 130 STAT. 1677]]
Law 113-121; 128 Stat. 1310) is amended by adding at the end the
following:
``(5) Lead agency.--The Corps of Engineers shall be the lead
agency for carrying out and coordinating the activities
described in paragraph (1).''.
SEC. 1180. CHESAPEAKE BAY OYSTER RESTORATION.
Section 704(b)(1) of the Water Resources Development Act of 1986 (33
U.S.C. 2263(b)(1)) is amended by striking ``$60,000,000'' and inserting
``$100,000,000''.
SEC. 1181. SALTON SEA, CALIFORNIA.
(a) In General.--Section 3032 of the Water Resources Development Act
of 2007 (Public Law 110-114; 121 Stat. 1113) is amended--
(1) in the section heading by inserting ``program'' after
``restoration'';
(2) in subsection (b)--
(A) in the subsection heading by striking ``Pilot
Projects'' and inserting ``Program'';
(B) in paragraph (1)--
(i) by redesignating subparagraphs (A) and (B)
as subparagraphs (B) and (C), respectively;
(ii) by inserting before subparagraph (B) (as
so redesignated) the following:
``(A) Establishment.--The Secretary shall carry out
a program to implement projects to restore the Salton
Sea in accordance with this section.'';
(iii) in subparagraph (B) (as redesignated by
clause (i)) by striking ``the pilot''; and
(iv) in subparagraph (C)(i) (as redesignated
by clause (i))--
(I) in the matter preceding
subclause (I), by striking ``the pilot
projects referred to in subparagraph
(A)'' and inserting ``the projects
referred to in subparagraph (B)'';
(II) in subclause (I) by inserting
``, Salton Sea Authority, or other non-
Federal interest'' before the semicolon;
and
(III) in subclause (II) by striking
``pilot'';
(C) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``pilot''; and
(D) in paragraph (3)--
(i) by striking ``pilot'' each place it
appears; and
(ii) by inserting ``, Salton Sea Authority, or
other non-Federal interest'' after ``State''; and
(3) in subsection (c) by striking ``pilot''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Water Resources Development Act of 2007 (Public Law 110-114; 121
Stat. 1041) is amended by striking the item relating to section 3032 and
inserting the following:
``3032. Salton Sea restoration program, California.''.
SEC. 1182. ADJUSTMENT.
Section 219(f) of the Water Resources Development Act of 1992
(Public Law 102-580) is amended--
(1) in paragraph (25) (113 Stat. 336)--
[[Page 130 STAT. 1678]]
(A) by inserting ``Berkeley,'' before ``Calhoun,'';
and
(B) by striking ``Orangeberg, and Sumter'' and
inserting ``and Orangeberg''; and
(2) in paragraph (78) (121 Stat. 1258)--
(A) in the paragraph heading by striking ``St. clair
county,'' and inserting ``St. clair county, blount
county, and cullman county,''; and
(B) by striking ``St. Clair County,'' and inserting
``St. Clair County, Blount County, and Cullman
County,''.
SEC. 1183. COASTAL ENGINEERING.
(a) In General.--Section 4014(b) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2803a(b)) is amended--
(1) in paragraph (1) by inserting ``Indian tribes,'' after
``nonprofit organizations,'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) give priority to projects in communities the existence
of which is threatened by rising sea level, including projects
relating to shoreline restoration, tidal marsh restoration,
dunal habitats to protect coastal infrastructure, reduction of
future and existing emergency repair costs, and the beneficial
reuse of dredged materials;''.
(b) Interagency Coordination on Coastal Resilience.--
(1) In general.--The Secretary shall convene an interagency
working group on resilience to extreme weather, which will
coordinate research, data, and Federal investments related to
sea level rise, resiliency, and vulnerability to extreme
weather, including coastal resilience.
(2) Consultation.--The interagency working group convened
under paragraph (1) shall participate in any activity carried
out by an organization authorized by a State to study and issue
recommendations on how to address the impacts on Federal assets
of recurrent flooding and sea level rise, including providing
consultation regarding policies, programs, studies, plans, and
best practices relating to recurrent flooding and sea level rise
in areas with significant Federal assets.
(c) Regional Assessments.--
(1) In general.--The Secretary may conduct regional
assessments of coastal and back bay protection and of Federal
and State policies and programs related to coastal water
resources, including--
(A) an assessment of the probability and the extent
of coastal flooding and erosion, including back bay and
estuarine flooding;
(B) recommendations for policies and other measures
related to regional Federal, State, local, and private
participation in shoreline and back bay protection
projects;
(C) an evaluation of the performance of existing
Federal coastal storm damage reduction, ecosystem
restoration, and navigation projects, including
recommendations for the improvement of those projects;
and
(D) recommendations for the demonstration of
methodologies for resilience through the use of natural
and nature-based infrastructure approaches, as
appropriate.
[[Page 130 STAT. 1679]]
(2) Cooperation.--In carrying out paragraph (1), the
Secretary shall cooperate with--
(A) heads of appropriate Federal agencies;
(B) States that have approved coastal management
programs and appropriate agencies of those States;
(C) local governments; and
(D) the private sector.
(d) Streamlining.--In carrying out this section, the Secretary
shall--
(1) to the maximum extent practicable, use existing research
done by Federal, State, regional, local, and private entities to
eliminate redundancies and related costs;
(2) receive from any of the entities described in subsection
(c)(2)--
(A) contributed funds; or
(B) research that may be eligible for credit as
work-in-kind under applicable Federal law; and
(3) enable each District or combination of Districts of the
Corps of Engineers that jointly participate in carrying out an
assessment under this section to consider regionally appropriate
engineering, biological, ecological, social, economic, and other
factors in carrying out the assessment.
(e) Reports.--The Secretary shall submit in the 2019 annual report
submitted to Congress in accordance with section 8 of the Act of August
11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C. 556), and section 925(b)
of the Water Resources Development Act of 1986 (33 U.S.C. 2295(b)) all
reports and recommendations prepared under this section, together with
any necessary supporting documentation.
SEC. 1184. <<NOTE: 33 USC 2289a.>> CONSIDERATION OF MEASURES.
(a) Definitions.--In this section, the following definitions apply:
(1) Natural feature.--The term ``natural feature'' means a
feature that is created through the action of physical,
geological, biological, and chemical processes over time.
(2) Nature-based feature.--The term ``nature-based feature''
means a feature that is created by human design, engineering,
and construction to provide risk reduction in coastal areas by
acting in concert with natural processes.
(b) Requirement.--In studying the feasibility of projects for flood
risk management, hurricane and storm damage reduction, and ecosystem
restoration the Secretary shall, with the consent of the non-Federal
sponsor of the feasibility study, consider, as appropriate--
(1) natural features;
(2) nature-based features;
(3) nonstructural measures; and
(4) structural measures.
(c) Report to Congress.--
(1) In general.--Not later than February 1, 2020, and 5 and
10 years thereafter, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the implementation of subsection
(b).
[[Page 130 STAT. 1680]]
(2) Contents.--The report under paragraph (1) shall include,
at a minimum, the following:
(A) A description of guidance or instructions
issued, and other measures taken, by the Secretary and
the Chief of Engineers to implement subsection (b).
(B) An assessment of the costs, benefits, impacts,
and trade-offs associated with measures recommended by
the Secretary for coastal risk reduction and the
effectiveness of those measures.
(C) A description of any statutory, fiscal, or
regulatory barriers to the appropriate consideration and
use of a full array of measures for coastal risk
reduction.
SEC. 1185. TABLE ROCK LAKE, ARKANSAS AND MISSOURI.
(a) In General.--Notwithstanding any other provision of law, the
Secretary--
(1) shall include a 60-day public comment period for the
Table Rock Lake Master Plan and Table Rock Lake Shoreline
Management Plan revision; and
(2) shall finalize the revision for the Table Rock Lake
Master Plan and Table Rock Lake Shoreline Management Plan during
the 2-year period beginning on the date of enactment of this
Act.
(b) Shoreline Use Permits.--During the period described in
subsection (a)(2), the Secretary shall lift or suspend the moratorium on
the issuance of new, and modifications to existing, shoreline use
permits based on the existing Table Rock Lake Master Plan and Table Rock
Lake Shoreline Management Plan.
(c) Oversight Committee.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall establish an
oversight committee (referred to in this subsection as the
``Committee'').
(2) Purposes.--The purposes of the Committee shall be--
(A) to review any permit to be issued under the
existing Table Rock Lake Master Plan at the
recommendation of the District Engineer; and
(B) to advise the District Engineer on revisions to
the new Table Rock Lake Master Plan and Table Rock Lake
Shoreline Management Plan.
(3) Membership.--The membership of the Committee shall not
exceed 6 members and shall include--
(A) not more than 1 representative each from the
State of Missouri and the State of Arkansas;
(B) not more than 1 representative each from local
economic development organizations with jurisdiction
over Table Rock Lake; and
(C) not more than 1 representative each representing
the boating and conservation interests of Table Rock
Lake.
(4) Study.--The Secretary shall--
(A) carry out a study on the need to revise permit
fees relating to Table Rock Lake to better reflect the
cost of issuing those permits and achieve cost savings;
(B) submit to Congress a report on the results of
the study described in subparagraph (A); and
[[Page 130 STAT. 1681]]
(C) begin implementation of a new permit fee
structure based on the findings of the study described
in subparagraph (A).
SEC. 1186. RURAL WESTERN WATER.
Section 595 of the Water Resources Development Act of 1999 (Public
Law 106-53; 113 Stat. 383; 128 Stat. 1316) is amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following:
``(h) Eligibility.--
``(1) In general.--Assistance under this section shall be
made available to all eligible States and locales described in
subsection (b) consistent with program priorities determined by
the Secretary in accordance with criteria developed by the
Secretary to establish the program priorities.
``(2) Selection of projects.--In selecting projects for
assistance under this section, the Secretary shall give priority
to a project located in an eligible State or local entity for
which the project sponsor is prepared to--
``(A) execute a new or amended project cooperation
agreement; and
``(B) commence promptly after the date of enactment
of the Water Resources Development Act of 2016.
``(3) Rural projects.--The Secretary shall consider a
project authorized under this section and an environmental
infrastructure project authorized under section 219 of the Water
Resources Development Act of 1992 (Public Law 102-580; 106 Stat.
4835) for new starts on the same basis as any other similarly
funded project.''; and
(3) in subsection (i) (as redesignated by paragraph (1)) by
striking ``which shall--'' and all that follows through
``remain'' and inserting ``to remain''.
SEC. 1187. INTERSTATE COMPACTS.
Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is
amended by striking subsection (f).
SEC. 1188. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) State water quality standards that impact the disposal
of dredged material should be developed collaboratively, with
input from all relevant stakeholders;
(2) open-water disposal of dredged material should be
reduced to the maximum extent practicable; and
(3) where practicable, the preference is for disputes
between States related to the disposal of dredged material and
the protection of water quality to be resolved between the
States in accordance with regional plans and with the
involvement of regional bodies.
SEC. 1189. <<NOTE: 33 USC 1344 note.>> DREDGED MATERIAL DISPOSAL.
Disposal of dredged material shall not be considered environmentally
acceptable for the purposes of identifying the Federal standard (as
defined in section 335.7 of title 33, Code of Federal Regulations (or
successor regulations)) if the disposal violates applicable State water
quality standards approved by the Administrator of the Environmental
Protection Agency under section 303 of the Federal Water Pollution
Control Act (33 U.S.C. 1313).
[[Page 130 STAT. 1682]]
Subtitle B--Studies
SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
The Secretary is authorized to conduct a feasibility study for the
following projects for water resources development and conservation and
other purposes, as identified in the reports titled ``Report to Congress
on Future Water Resources Development'' submitted to Congress on January
29, 2015, and January 29, 2016, respectively, pursuant to section 7001
of the Water Resources Reform and Development Act of 2014 (33 U.S.C.
2282d) or otherwise reviewed by Congress:
(1) Ouachita-black rivers, arkansas and louisiana.--Project
for navigation, Ouachita-Black Rivers, Arkansas and Louisiana.
(2) Cache creek settling basin, california.--Project for
flood damage reduction and ecosystem restoration, Cache Creek
Settling Basin, California.
(3) Coyote valley dam, california.--Project for flood
control, water conservation, and related purposes, Russian River
Basin, California, authorized by the River and Harbor Act of
1950 (64 Stat. 177), to modify the Coyote Valley Dam to add
environmental restoration as a project purpose and to increase
water supply and improve reservoir operations.
(4) Del rosa channel, city of san bernardino, california.--
Project for flood damage reduction and ecosystem restoration,
Del Rosa Channel, city of San Bernardino, California.
(5) Merced county streams, california.--Project for flood
damage reduction, Merced County Streams, California.
(6) Mission-zanja channel, cities of san bernardino and
redlands, california.--Project for flood damage reduction and
ecosystem restoration, Mission-Zanja Channel, cities of San
Bernardino and Redlands, California.
(7) Soboba indian reservation, california.--Project for
flood damage reduction, Soboba Indian Reservation, California.
(8) Indian river inlet, delaware.--Project for hurricane and
storm damage reduction, Indian River Inlet, Delaware.
(9) Lewes beach, delaware.--Project for hurricane and storm
damage reduction, Lewes Beach, Delaware.
(10) Mispillion complex, kent and sussex counties,
delaware.--Project for hurricane and storm damage reduction,
Mispillion Complex, Kent and Sussex Counties, Delaware.
(11) Daytona beach, florida.--Project for flood damage
reduction, Daytona Beach, Florida.
(12) Brunswick harbor, georgia.--Project for navigation,
Brunswick Harbor, Georgia.
(13) Dubuque, iowa.--Project for flood damage reduction,
Dubuque, Iowa.
(14) St. tammany parish, louisiana.--Project for flood
damage reduction and ecosystem restoration, St. Tammany Parish,
Louisiana.
(15) Cattaraugus creek, new york.--Project for flood damage
reduction, Cattaraugus Creek, New York.
(16) Cayuga inlet, ithaca, new york.--Project for navigation
and flood damage reduction, Cayuga Inlet, Ithaca, New York.
[[Page 130 STAT. 1683]]
(17) Delaware river basin, new york, new jersey,
pennsylvania, and delaware.--Projects for flood control,
Delaware River Basin, New York, New Jersey, Pennsylvania, and
Delaware, authorized by section 408 of the Act of July 24, 1946
(60 Stat. 644, chapter 596), and section 203 of the Flood
Control Act of 1962 (76 Stat. 1182), to review operations of the
projects to enhance opportunities for ecosystem restoration and
water supply.
(18) Silver creek, hanover, new york.--Project for flood
damage reduction and ecosystem restoration, Silver Creek,
Hanover, New York.
(19) Stonycreek and little conemaugh rivers, pennsylvania.--
Project for flood damage reduction and recreation, Stonycreek
and Little Conemaugh Rivers, Pennsylvania.
(20) Tioga-hammond lake, pennsylvania.--Project for
ecosystem restoration, Tioga-Hammond Lake, Pennsylvania.
(21) Brazos river, fort bend county, texas.--Project for
flood damage reduction in the vicinity of the Brazos River, Fort
Bend County, Texas.
(22) Chacon creek, city of laredo, texas.--Project for flood
damage reduction, ecosystem restoration, and recreation, Chacon
Creek, city of Laredo, Texas.
(23) Corpus christi ship channel, texas.--Project for
navigation, Corpus Christi Ship Channel, Texas.
(24) City of el paso, texas.--Project for flood damage
reduction, city of El Paso, Texas.
(25) Gulf intracoastal waterway, brazoria and matagorda
counties, texas.--Project for navigation and hurricane and storm
damage reduction, Gulf Intracoastal Waterway, Brazoria and
Matagorda Counties, Texas.
(26) Port of bay city, texas.--Project for navigation, Port
of Bay City, Texas.
(27) Chincoteague island, virginia.--Project for hurricane
and storm damage reduction, navigation, and ecosystem
restoration, Chincoteague Island, Virginia.
(28) Burley creek watershed, kitsap county, washington.--
Project for flood damage reduction and ecosystem restoration,
Burley Creek Watershed, Kitsap County, Washington.
(29) Savannah river below augusta, georgia.--Project for
ecosystem restoration, water supply, recreation, and flood
control, Savannah River below Augusta, Georgia.
(30) Johnstown, pennsylvania.--Project for flood damage
reduction, Johnstown, Pennsylvania.
SEC. 1202. ADDITIONAL STUDIES.
(a) Tulsa and West Tulsa, Arkansas River, Oklahoma.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of modifying the projects for flood
risk management, Tulsa and West Tulsa, Oklahoma, authorized by
section 3 of the Act of August 18, 1941 (55 Stat. 645, chapter
377).
(2) Requirements.--In carrying out the study under paragraph
(1), the Secretary shall address project deficiencies,
uncertainties, and significant data gaps, including material,
construction, and subsurface, which render the project at risk
of overtopping, breaching, or system failure.
[[Page 130 STAT. 1684]]
(3) Prioritization to address significant risks.--In any
case in which a levee or levee system (as defined in section
9002 of the Water Resources Development Act of 2007 (33 U.S.C.
3301)) is classified as Class I or II under the levee safety
action classification tool developed by the Corps of Engineers,
the Secretary shall expedite the project for budget
consideration.
(b) Cincinnati, Ohio.--
(1) Review.--The Secretary shall review the Central
Riverfront Park Master Plan, dated December 1999, and the Ohio
Riverfront Study, Cincinnati, Ohio, dated August 2002, to
determine the feasibility of carrying out flood risk reduction,
ecosystem restoration, and recreation components beyond the
ecosystem restoration and recreation components that were
undertaken pursuant to section 5116 of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1238) as
a second phase of that project.
(2) Authorization.--The project authorized under section
5116 of the Water Resources Development Act of 2007 (Public Law
110-114; 121 Stat. 1238) is modified to authorize the Secretary
to undertake the additional flood risk reduction and ecosystem
restoration components described in paragraph (1), at a total
cost of $30,000,000, if the Secretary determines that the
additional flood risk reduction, ecosystem restoration, and
recreation components, considered together, are feasible.
(c) Arctic Deep Draft Port Development Partnerships.--Section 2105
of the Water Resources Reform and Development Act of 2014 (33 U.S.C.
2243) is amended--
(1) by striking ``(25 U.S.C. 450b))'' each place it appears
and inserting ``(25 U.S.C. 5304)) and a Native village, Regional
Corporation, or Village Corporation (as those terms are defined
in section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)'';
(2) in subsection (d) by striking ``the Secretary of
Homeland Security'' and inserting ``the Secretary of the
department in which the Coast Guard is operating''; and
(3) by adding at the end the following:
``(e) Consideration of National Security Interests.--In carrying out
a study of the feasibility of an Arctic deep draft port, the Secretary--
``(1) shall consult with the Secretary of the department in
which the Coast Guard is operating to identify benefits in
carrying out the missions specified in section 888 of the
Homeland Security Act of 2002 (6 U.S.C. 468) associated with an
Arctic deep draft port;
``(2) shall consult with the Secretary of Defense to
identify national security benefits associated with an Arctic
deep draft port; and
``(3) may consider such benefits in determining whether an
Arctic deep draft port is feasible.''.
(d) Mississippi River Ship Channel, Gulf to Baton Rouge,
Louisiana.--The Secretary shall conduct a study to determine the
feasibility of modifying the project for navigation, Mississippi River
Ship Channel, Gulf to Baton Rouge, Louisiana, authorized by section
201(a) of the Harbor Development and Navigation Improvement Act of 1986
(Public Law 99-662; 100 Stat. 4090), to deepen the channel approaches
and the associated area on the left descending
[[Page 130 STAT. 1685]]
bank of the Mississippi River between mile 98.3 and mile 100.6 Above
Head of Passes (AHP) to a depth equal to the Channel.
SEC. 1203. NORTH ATLANTIC COASTAL REGION.
Section 4009 of the Water Resources Reform and Development Act of
2014 (Public Law 113-121; 128 Stat. 1316) is amended--
(1) in subsection (a) by striking ``conduct a study to
determine the feasibility of carrying out projects'' and
inserting ``carry out a comprehensive assessment and management
plan'';
(2) in subsection (b)--
(A) in the subsection heading by striking ``Study''
and inserting ``Assessment and Plan''; and
(B) in the matter preceding paragraph (1) by
striking ``study'' and inserting ``assessment and
plan''; and
(3) in subsection (c)(1) by striking ``study'' and inserting
``assessment and plan''.
SEC. 1204. SOUTH ATLANTIC COASTAL STUDY.
(a) In General.--The Secretary shall conduct a study of the coastal
areas located within the geographical boundaries of the South Atlantic
Division of the Corps of Engineers to identify the risks and
vulnerabilities of those areas to increased hurricane and storm damage
as a result of sea level rise.
(b) Requirements.--In carrying out the study under subsection (a),
the Secretary shall--
(1) conduct a comprehensive analysis of current hurricane
and storm damage reduction measures with an emphasis on regional
sediment management practices to sustainably maintain or enhance
current levels of storm protection;
(2) identify risks and coastal vulnerabilities in the areas
affected by sea level rise;
(3) recommend measures to address the vulnerabilities
described in paragraph (2); and
(4) develop a long-term strategy for--
(A) addressing increased hurricane and storm damages
that result from rising sea levels; and
(B) identifying opportunities to enhance resiliency,
increase sustainability, and lower risks in--
(i) populated areas;
(ii) areas of concentrated economic
development; and
(iii) areas with vulnerable environmental
resources.
(c) Report.--Not later than 4 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report recommending
specific and detailed actions to address the risks and vulnerabilities
of the areas described in subsection (a) due to increased hurricane and
storm damage as a result of sea level rise.
SEC. 1205. TEXAS COASTAL AREA.
In carrying out the comprehensive plan authorized by section 4091 of
the Water Resources Development Act of 2007 (Public Law 110-114; 121
Stat. 1187), the Secretary shall consider studies, data, and information
developed by the Gulf Coast Community Protection and Recovery District
to expedite completion of the plan.
[[Page 130 STAT. 1686]]
SEC. 1206. UPPER MISSISSIPPI AND ILLINOIS RIVERS.
(a) In General.--The Secretary shall conduct a study of the riverine
areas located within the Upper Mississippi River and Illinois River
basins to identify the risks and vulnerabilities of those areas to
increased flood damages.
(b) Requirements.--In carrying out the study under subsection (a),
the Secretary shall--
(1) conduct a comprehensive analysis of flood risk
management measures to maintain or enhance current levels of
protection;
(2) identify risks and vulnerabilities in the areas affected
by flooding;
(3) recommend specific measures and actions to address the
risks and vulnerabilities described in paragraph (2);
(4) coordinate with the heads of other appropriate Federal
agencies, the Governors of the States within the Upper
Mississippi and Illinois River basins, the appropriate levee and
drainage districts, nonprofit organizations, and other
interested parties;
(5) develop basinwide hydrologic models for the Upper
Mississippi River System and improve analytical methods needed
to produce scientifically based recommendations for improvements
to flood risk management; and
(6) develop a long-term strategy for--
(A) addressing increased flood damages; and
(B) identifying opportunities to enhance resiliency,
increase sustainability, and lower risks in--
(i) populated areas;
(ii) areas of concentrated economic
development; and
(iii) areas with vulnerable environmental
resources.
(c) Report.--Not later than 4 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives and make publicly
available a report describing the results of the study conducted under
subsection (b).
SEC. 1207. KANAWHA RIVER BASIN.
The Secretary shall conduct studies to determine the feasibility of
implementing projects for flood risk management, ecosystem restoration,
navigation, water supply, recreation, and other water resource related
purposes within the Kanawha River Basin, West Virginia, Virginia, and
North Carolina.
Subtitle C--Deauthorizations, Modifications, and Related Provisions
SEC. 1301. <<NOTE: 33 USC 579d.>> DEAUTHORIZATION OF INACTIVE
PROJECTS.
(a) Purposes.--The purposes of this section are--
(1) to identify $10,000,000,000 in water resources
development projects authorized by Congress that are no longer
viable for construction due to--
(A) a lack of local support;
[[Page 130 STAT. 1687]]
(B) a lack of available Federal or non-Federal
resources; or
(C) an authorizing purpose that is no longer
relevant or feasible;
(2) to create an expedited and definitive process for
Congress to deauthorize water resources development projects
that are no longer viable for construction; and
(3) to allow the continued authorization of water resources
development projects that are viable for construction.
(b) Interim Deauthorization List.--
(1) In general.--The Secretary shall develop an interim
deauthorization list that identifies--
(A) each water resources development project, or
separable element of a project, authorized for
construction before November 8, 2007, for which--
(i) planning, design, or construction was not
initiated before the date of enactment of this
Act; or
(ii) planning, design, or construction was
initiated before the date of enactment of this
Act, but for which no funds, Federal or non-
Federal, were obligated for planning, design, or
construction of the project or separable element
of the project during the current fiscal year or
any of the 6 preceding fiscal years; and
(B) each project or separable element identified and
included on a list to Congress for deauthorization
pursuant to section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2)).
(2) Public comment and consultation.--
(A) In general.--The Secretary shall solicit
comments from the public and the Governors of each
applicable State on the interim deauthorization list
developed under paragraph (1).
(B) Comment period.--The public comment period shall
be 90 days.
(3) Submission to congress; publication.--Not later than 90
days after the date of the close of the comment period under
paragraph (2), the Secretary shall--
(A) submit a revised interim deauthorization list to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) publish the revised interim deauthorization list
in the Federal Register.
(c) Final Deauthorization List.--
(1) In general.--The Secretary shall develop a final
deauthorization list of water resources development projects, or
separable elements of projects, from the revised interim
deauthorization list described in subsection (b)(3).
(2) Deauthorization amount.--
(A) Proposed final list.--The Secretary shall
prepare a proposed final deauthorization list of
projects and separable elements of projects that have,
in the aggregate, an estimated Federal cost to complete
that is at least $10,000,000,000.
(B) Determination of federal cost to complete.--For
purposes of subparagraph (A), the Federal cost to
complete shall take into account any allowances
authorized
[[Page 130 STAT. 1688]]
by section 902 of the Water Resources Development Act of
1986 (33 U.S.C. 2280), as applied to the most recent
project schedule and cost estimate.
(3) Identification of projects.--
(A) Sequencing of projects.--
(i) In general.--The Secretary shall identify
projects and separable elements of projects for
inclusion on the proposed final deauthorization
list according to the order in which the projects
and separable elements of the projects were
authorized, beginning with the earliest authorized
projects and separable elements of projects and
ending with the latest project or separable
element of a project necessary to meet the
aggregate amount under paragraph (2)(A).
(ii) Factors to consider.--The Secretary may
identify projects and separable elements of
projects in an order other than that established
by clause (i) if the Secretary determines, on a
case-by-case basis, that a project or separable
element of a project is critical for interests of
the United States, based on the possible impact of
the project or separable element of the project on
public health and safety, the national economy, or
the environment.
(iii) Consideration of public comments.--In
making determinations under clause (ii), the
Secretary shall consider any comments received
under subsection (b)(2).
(B) Appendix.--The Secretary shall include as part
of the proposed final deauthorization list an appendix
that--
(i) identifies each project or separable
element of a project on the interim
deauthorization list developed under subsection
(b) that is not included on the proposed final
deauthorization list; and
(ii) describes the reasons why the project or
separable element is not included on the proposed
final list.
(4) Public comment and consultation.--
(A) In general.--The Secretary shall solicit
comments from the public and the Governor of each
applicable State on the proposed final deauthorization
list and appendix developed under paragraphs (2) and
(3).
(B) Comment period.--The public comment period shall
be 90 days.
(5) Submission of final list to congress; publication.--Not
later than 120 days after the date of the close of the comment
period under paragraph (4), the Secretary shall--
(A) submit a final deauthorization list and an
appendix to the final deauthorization list in a report
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) publish the final deauthorization list and the
appendix to the final deauthorization list in the
Federal Register.
(d) Deauthorization; Congressional Review.--
[[Page 130 STAT. 1689]]
(1) In general.--After the expiration of the 180-day period
beginning on the date of submission of the final deauthorization
list and appendix under subsection (c), a project or separable
element of a project identified in the final deauthorization
list is hereby deauthorized, unless Congress passes a joint
resolution disapproving the final deauthorization list prior to
the end of such period.
(2) Non-federal contributions.--
(A) In general.--A project or separable element of a
project identified in the final deauthorization list
under subsection (c) shall not be deauthorized under
this subsection if, before the expiration of the 180-day
period referred to in paragraph (1), the non-Federal
interest for the project or separable element of the
project provides sufficient funds to complete the
project or separable element of the project.
(B) Treatment of projects.--Notwithstanding
subparagraph (A), each project and separable element of
a project identified in the final deauthorization list
shall be treated as deauthorized for purposes of the
aggregate deauthorization amount specified in subsection
(c)(2)(A).
(3) Projects identified in appendix.--A project or separable
element of a project identified in the appendix to the final
deauthorization list shall remain subject to future
deauthorization by Congress.
(e) Special Rule for Projects Receiving Funds for Post-Authorization
Study.--A project or separable element of a project may not be
identified on the interim deauthorization list developed under
subsection (b), or the final deauthorization list developed under
subsection (c), if the project or separable element received funding for
a post-authorization study during the current fiscal year or any of the
6 preceding fiscal years.
(f) General Provisions.--
(1) Definitions.--In this section, the following definitions
apply:
(A) Post-authorization study.--The term ``post-
authorization study'' means--
(i) a feasibility report developed under
section 905 of the Water Resources Development Act
of 1986 (33 U.S.C. 2282);
(ii) a feasibility study, as defined in
section 105(d) of the Water Resources Development
Act of 1986 (33 U.S.C. 2215(d)); or
(iii) a review conducted under section 216 of
the Flood Control Act of 1970 (33 U.S.C. 549a),
including an initial appraisal that--
(I) demonstrates a Federal interest;
and
(II) requires additional analysis
for the project or separable element.
(B) Water resources development project.--The term
``water resources development project'' includes an
environmental infrastructure assistance project or
program of the Corps of Engineers.
(2) Treatment of project modifications.--For purposes of
this section, if an authorized water resources development
project or separable element of the project has been modified by
an Act of Congress, the date of the authorization of the
[[Page 130 STAT. 1690]]
project or separable element shall be deemed to be the date of
the most recent modification.
(g) Repeal.--Subsection (a) and subsections (c) through (f) of
section 6001 of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 579b) are repealed.
SEC. 1302. <<NOTE: 33 USC 579c-1.>> BACKLOG PREVENTION.
(a) Project Deauthorization.--
(1) In general.--A water resources development project, or
separable element of such a project, authorized for construction
by this Act shall not be authorized after the last day of the
10-year period beginning on the date of enactment of this Act
unless--
(A) funds have been obligated for construction of,
or a post-authorization study for, such project or
separable element during that period; or
(B) the authorization contained in this Act has been
modified by a subsequent Act of Congress.
(2) Identification of projects.--Not later than 60 days
after the expiration of the 10-year period referred to in
paragraph (1), the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that identifies the projects
deauthorized under paragraph (1).
(b) Report to Congress.--Not later than 60 days after the expiration
of the 12-year period beginning on the date of enactment of this Act,
the Secretary shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, and make available to
the public, a report that contains--
(1) a list of any water resources development projects
authorized by this Act for which construction has not been
completed during that period;
(2) a description of the reasons the projects were not
completed;
(3) a schedule for the completion of the projects based on
expected levels of appropriations; and
(4) a 5-year and 10-year projection of construction backlog
and any recommendations to Congress regarding how to mitigate
current problems and the backlog.
SEC. 1303. VALDEZ, ALASKA.
(a) In General.--Subject to subsection (b), the portion of the
project for navigation, Valdez, Alaska, identified as Tract G, Harbor
Subdivision, shall not be subject to navigational servitude beginning on
the date of enactment of this Act.
(b) Entry by Federal Government.--The Federal Government may enter
upon the property referred to in subsection (a) to carry out any
required operation and maintenance of the general navigation features of
the project referred to in subsection (a).
SEC. 1304. LOS ANGELES COUNTY DRAINAGE AREA, LOS ANGELES COUNTY,
CALIFORNIA.
(a) In General.--The Secretary shall--
(1) prioritize the updating of the water control manuals for
control structures for the project for flood control, Los
Angeles County Drainage Area, Los Angeles County, California,
[[Page 130 STAT. 1691]]
authorized by section 101(b) of the Water Resources Development
Act of 1990 (Public Law 101-640; 104 Stat. 4611); and
(2) integrate and incorporate into the project seasonal
operations for water conservation and water supply.
(b) Participation.--The update referred to in subsection (a) shall
be done in coordination with all appropriate Federal agencies, elected
officials, and members of the public.
SEC. 1305. SUTTER BASIN, CALIFORNIA.
(a) In General.--The separable element constituting the locally
preferred plan increment reflected in the report of the Chief of
Engineers dated March 12, 2014, and authorized for construction in item
8 of the table contained in section 7002(2) of the Water Resources
Reform and Development Act of 2014 (Public Law 113-121; 128 Stat. 1366)
is no longer authorized beginning on the date of enactment of this Act.
(b) Savings Provisions.--The deauthorization under subsection (a)
does not affect--
(1) the national economic development plan separable element
reflected in the report of the Chief of Engineers dated March
12, 2014, and authorized for construction in item 8 of the table
contained in section 7002(2) of the Water Resources Reform and
Development Act of 2014 (Public Law 113-121; 128 Stat. 1366); or
(2) previous authorizations providing for the Sacramento
River and major and minor tributaries project, including--
(A) section 2 of the Act of March 1, 1917 (39 Stat.
949, chapter 144);
(B) section 10 of the Act of December 22, 1944 (58
Stat. 900, chapter 665);
(C) section 204 of the Flood Control Act of 1950 (64
Stat. 177, chapter 188); and
(D) any other Acts relating to the authorization for
the Sacramento River and major and minor tributaries
project along the Feather River right bank between levee
stationing 1483+33 and levee stationing 2368+00.
SEC. 1306. ESSEX RIVER, MASSACHUSETTS.
(a) Deauthorization.--The portions of the project for navigation,
Essex River, Massachusetts, authorized by the Act of July 13, 1892 (27
Stat. 88, chapter 158), and modified by the Act of March 3, 1899 (30
Stat. 1121, chapter 425), and the Act of March 2, 1907 (34 Stat. 1073,
chapter 2509), that do not lie within the areas described in subsection
(b) are no longer authorized beginning on the date of enactment of this
Act.
(b) Description of Project Areas.--The areas described in this
subsection are as follows: Beginning at a point N3056139.82 E851780.21,
thence southwesterly about 156.88 feet to a point N3055997.75
E851713.67; thence southwesterly about 64.59 feet to a point N3055959.37
E851661.72; thence southwesterly about 145.14 feet to a point
N3055887.10 E851535.85; thence southwesterly about 204.91 feet to a
point N3055855.12 E851333.45; thence northwesterly about 423.50 feet to
a point N3055976.70 E850927.78; thence northwesterly about 58.77 feet to
a point N3056002.99 E850875.21; thence northwesterly about 240.57 feet
to a point N3056232.82 E850804.14; thence northwesterly about 203.60
feet to a point N3056435.41 E850783.93; thence northwesterly about 78.63
feet to a point N3056499.63 E850738.56; thence northwesterly
[[Page 130 STAT. 1692]]
about 60.00 feet to a point N3056526.30 E850684.81; thence southwesterly
about 85.56 feet to a point N3056523.33 E850599.31; thence southwesterly
about 36.20 feet to a point N3056512.37 E850564.81; thence southwesterly
about 80.10 feet to a point N3056467.08 E850498.74; thence southwesterly
about 169.05 feet to a point N3056334.36 E850394.03; thence
northwesterly about 48.52 feet to a point N3056354.38 E850349.83; thence
northeasterly about 83.71 feet to a point N3056436.35 E850366.84; thence
northeasterly about 212.38 feet to a point N3056548.70 E850547.07;
thence northeasterly about 47.60 feet to a point N3056563.12 E850592.43;
thence northeasterly about 101.16 feet to a point N3056566.62
E850693.53; thence southeasterly about 80.22 feet to a point N3056530.97
E850765.40; thence southeasterly about 99.29 feet to a point N3056449.88
E850822.69; thence southeasterly about 210.12 feet to a point
N3056240.79 E850843.54; thence southeasterly about 219.46 feet to a
point N3056031.13 E850908.38; thence southeasterly about 38.23 feet to a
point N3056014.02 E850942.57; thence southeasterly about 410.93 feet to
a point N3055896.06 E851336.21; thence northeasterly about 188.43 feet
to a point N3055925.46 E851522.33; thence northeasterly about 135.47
feet to a point N3055992.91 E851639.80; thence northeasterly about 52.15
feet to a point N3056023.90 E851681.75; thence northeasterly about 91.57
feet to a point N3056106.82 E851720.59.
SEC. 1307. PORT OF CASCADE LOCKS, OREGON.
(a) Extinguishment of Portions of Existing Flowage Easement.--With
respect to the properties described in subsection (b), beginning on the
date of enactment of this Act, the flowage easements described in
subsection (c) are extinguished above elevation 82.2 feet (NGVD29), the
ordinary high water line.
(b) Affected Properties.--The properties described in this
subsection, as recorded in Hood River County, Oregon, are as follows:
(1) Lots 3, 4, 5, and 7 of the ``Port of Cascade Locks
Business Park'' subdivision, Instrument Number 2014-00436.
(2) Parcels 1, 2, and 3 of Hood River County Partition, Plat
Number 2008-25P.
(c) Flowage Easements.--The flowage easements described in this
subsection are identified as Tracts 302E-1 and 304E-1 on the easement
deeds recorded as instruments in Hood River County, Oregon, and
described as follows:
(1) A flowage easement dated October 3, 1936, recorded
December 1, 1936, book 25, page 531 (Records of Hood River
County, Oregon), in favor of the United States (302E-1-Perpetual
Flowage Easement from 10/5/37, 10/5/36, and 10/3/36; previously
acquired as Tracts OH-36 and OH-41 and a portion of Tract OH-
47).
(2) A flowage easement dated October 5, 1936, recorded
October 17, 1936, book 25, page 476 (Records of Hood River
County, Oregon), in favor of the United States, affecting that
portion below the 94-foot contour line above main sea level (304
E1-Perpetual Flowage Easement from 8/10/37 and 10/3/36;
previously acquired as Tract OH-042 and a portion of Tract OH-
47).
(d) Federal Liabilities; Cultural, Environmental, and Other
Regulatory Reviews.--
[[Page 130 STAT. 1693]]
(1) Federal liability.--The United States shall not be
liable for any injury caused by the extinguishment of an
easement under this section.
(2) Cultural and environmental regulatory actions.--Nothing
in this section establishes any cultural or environmental
regulation relating to the properties described in subsection
(b).
(e) Effect on Other Rights.--Nothing in this section affects any
remaining right or interest of the Corps of Engineers in the properties
described in subsection (b).
SEC. 1308. <<NOTE: 33 USC 5911.>> CENTRAL DELAWARE RIVER,
PHILADELPHIA, PENNSYLVANIA.
(a) Area To Be Declared Nonnavigable.--Subject to subsection (c),
unless the Secretary finds, after consultation with local and regional
public officials (including local and regional public planning
organizations), that there are substantive objections, those portions of
the Delaware River, bounded by the former bulkhead and pierhead lines
that were established by the Secretary of War and successors and
described as follows, are declared to be nonnavigable waters of the
United States:
(1) Piers 70 South through 38 South, encompassing an area
bounded by the southern line of Moore Street extended to the
northern line of Catherine Street extended, including the
following piers: Piers 70, 68, 67, 64, 61-63, 60, 57, 55, 53,
48, 46, 40, and 38.
(2) Piers 24 North through 72 North, encompassing an area
bounded by the southern line of Callowhill Street extended to
the northern line of East Fletcher Street extended, including
the following piers: Piers 24, 25, 27-35, 35.5, 36, 37, 38, 39,
49, 51-52, 53-57, 58-65, 66, 67, 69, 70-72, and Rivercenter.
(b) Public Interest Determination.--The Secretary shall make the
public interest determination under subsection (a) separately for each
proposed project to be undertaken within the boundaries described in
subsection (a), using reasonable discretion, not later than 150 days
after the date of submission of appropriate plans for the proposed
project.
(c) Limits on Applicability.--The declaration under subsection (a)
shall apply only to those parts of the areas described in subsection (a)
that are or will be bulkheaded and filled or otherwise occupied by
permanent structures, including marina and recreation facilities.
SEC. 1309. HUNTINGDON COUNTY, PENNSYLVANIA.
(a) In General.--The Secretary shall--
(1) prioritize the updating of the master plan for the
Juniata River and tributaries project, Huntingdon County,
Pennsylvania, authorized by section 203 of the Flood Control Act
of 1962 (Public Law 87-874; 76 Stat. 1182); and
(2) ensure that alternatives for additional recreation
access and development at the project are fully assessed,
evaluated, and incorporated as a part of the update.
(b) Participation.--The update referred to in subsection (a) shall
be done in coordination with all appropriate Federal agencies, elected
officials, and members of the public.
(c) Inventory.--In carrying out the update under subsection (a), the
Secretary shall include an inventory of those lands that
[[Page 130 STAT. 1694]]
are not necessary to carry out the authorized purposes of the project.
SEC. 1310. RIVERCENTER, PHILADELPHIA, PENNSYLVANIA.
Section 38(c) of the Water Resources Development Act of 1988 (33
U.S.C. 59j-1(c)) is amended--
(1) by striking ``(except 30 years from such date of
enactment, in the case of the area or any part thereof described
in subsection (a)(5))''; and
(2) by adding at the end the following: ``Notwithstanding
the preceding sentence, the declaration of nonnavigability for
the area described in subsection (a)(5), or any part thereof,
shall not expire.''.
SEC. 1311. SALT CREEK, GRAHAM, TEXAS.
(a) In General.--The project for flood control, environmental
restoration, and recreation, Salt Creek, Graham, Texas, authorized by
section 101(a)(30) of the Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 278), is no longer authorized as a Federal
project beginning on the date of enactment of this Act.
(b) Certain Project-Related Claims.--The non-Federal interest for
the project shall hold and save the United States harmless from any
claim that has arisen, or that may arise, in connection with the
project.
(c) Transfer.--The Secretary is authorized to transfer any land
acquired by the Federal Government for the project on behalf of the non-
Federal interest that remains in Federal ownership on or after the date
of enactment of this Act to the non-Federal interest.
(d) Reversion.--If the Secretary determines that land transferred
under subsection (c) ceases to be owned by the public, all right, title,
and interest in and to the land and improvements thereon shall revert,
at the discretion of the Secretary, to the United States.
SEC. 1312. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS.
(a) In General.--The portion of the Texas City Ship Channel, Texas
City, Texas, described in subsection (b) shall not be subject to
navigational servitude beginning on the date of enactment of this Act.
(b) Description.--The portion of the Texas City Ship Channel
described in this subsection is a tract or parcel containing 393.53
acres (17,142,111 square feet) of land situated in the City of Texas
City Survey, Abstract Number 681, and State of Texas Submerged Lands
Tracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract
being more particularly described as follows:
(1) Beginning at the intersection of an edge of fill along
Galveston Bay with the most northerly east survey line of said
City of Texas City Survey, Abstract No. 681, the same being a
called 375.75 acre tract patented by the State of Texas to the
City of Texas City and recorded in Volume 1941, Page 750 of the
Galveston County Deed Records (G.C.D.R.), from which a found
U.S. Army Corps of Engineers Brass Cap stamped ``R 4-3'' set in
the top of the Texas City Dike along the east side of Bay Street
bears North 56 14' 32'' West, a distance of 6,045.31 feet and
from which a found U.S. Army Corps of Engineers Brass Cap
stamped ``R 4-2'' set in the
[[Page 130 STAT. 1695]]
top of the Texas City Dike along the east side of Bay Street
bears North 49 13' 20'' West, a distance of 6,693.64 feet.
(2) Thence, over and across said State Tracts 98A and 99A
and along the edge of fill along said Galveston Bay, the
following 8 courses and distances:
(A) South 75 49' 13'' East, a distance of 298.08
feet to an angle point of the tract herein described.
(B) South 81 16' 26'' East, a distance of 170.58
feet to an angle point of the tract herein described.
(C) South 79 20' 31'' East, a distance of 802.34
feet to an angle point of the tract herein described.
(D) South 75 57' 32'' East, a distance of 869.68
feet to a point for the beginning of a non-tangent curve
to the right.
(E) Easterly along said non-tangent curve to the
right having a radius of 736.80 feet, a central angle of
24 55' 59'', a chord of South 68 47' 35'' East -
318.10 feet, and an arc length of 320.63 feet to a point
for the beginning of a non-tangent curve to the left.
(F) Easterly along said non-tangent curve to the
left having a radius of 373.30 feet, a central angle of
31 57' 42'', a chord of South 66 10' 42'' East -
205.55 feet, and an arc length of 208.24 feet to a point
for the beginning of a non-tangent curve to the right.
(G) Easterly along said non-tangent curve to the
right having a radius of 15,450.89 feet, a central angle
of 02 04' 10'', a chord of South 81 56' 20'' East -
558.04 feet, and an arc length of 558.07 feet to a point
for the beginning of a compound curve to the right and
the northeasterly corner of the tract herein described.
(H) Southerly along said compound curve to the right
and the easterly line of the tract herein described,
having a radius of 1,425.00 feet, a central angle of
133 08' 00'', a chord of South 14 20' 15'' East -
2,614.94 feet, and an arc length of 3,311.15 feet to a
point on a line lying 125.00 feet northerly of and
parallel with the centerline of an existing levee for
the southeasterly corner of the tract herein described.
(3) Thence, continuing over and across said State Tracts 98A
and 99A and along lines lying 125.00 feet northerly of,
parallel, and concentric with the centerline of said existing
levee, the following 12 courses and distances:
(A) North 78 01' 58'' West, a distance of 840.90
feet to an angle point of the tract herein described.
(B) North 76 58' 35'' West, a distance of 976.66
feet to an angle point of the tract herein described.
(C) North 76 44' 33'' West, a distance of 1,757.03
feet to a point for the beginning of a tangent curve to
the left.
(D) Southwesterly, along said tangent curve to the
left having a radius of 185.00 feet, a central angle of
82 27' 32'', a chord of South 62 01' 41'' West -
243.86 feet, and an arc length of 266.25 feet to a point
for the beginning of a compound curve to the left.
(E) Southerly, along said compound curve to the left
having a radius of 4,535.58 feet, a central angle of 11
06' 58'', a chord of South 15 14' 26'' West - 878.59
feet,
[[Page 130 STAT. 1696]]
and an arc length of 879.97 feet to an angle point of
the tract herein described.
(F) South 64 37' 11'' West, a distance of 146.03
feet to an angle point of the tract herein described.
(G) South 67 08' 21'' West, a distance of 194.42
feet to an angle point of the tract herein described.
(H) North 34 48' 22'' West, a distance of 789.69
feet to an angle point of the tract herein described.
(I) South 42 47' 10'' West, a distance of 161.01
feet to an angle point of the tract herein described.
(J) South 42 47' 10'' West, a distance of 144.66
feet to a point for the beginning of a tangent curve to
the right.
(K) Westerly, along said tangent curve to the right
having a radius of 310.00 feet, a central angle of 59
50' 28'', a chord of South 72 42' 24'' West - 309.26
feet, and an arc length of 323.77 feet to an angle point
of the tract herein described.
(L) North 77 22' 21'' West, a distance of 591.41
feet to the intersection of said parallel line with the
edge of fill adjacent to the easterly edge of the Texas
City Turning Basin for the southwesterly corner of the
tract herein described, from which a found U.S. Army
Corps of Engineers Brass Cap stamped ``SWAN 2'' set in
the top of a concrete column set flush in the ground
along the north bank of Swan Lake bears South 20 51'
58'' West, a distance of 4,862.67 feet.
(4) Thence, over and across said City of Texas City Survey
and along the edge of fill adjacent to the easterly edge of said
Texas City Turning Basin, the following 18 courses and
distances:
(A) North 01 34' 19'' East, a distance of 57.40
feet to an angle point of the tract herein described.
(B) North 05 02' 13'' West, a distance of 161.85
feet to an angle point of the tract herein described.
(C) North 06 01' 56'' East, a distance of 297.75
feet to an angle point of the tract herein described.
(D) North 06 18' 07'' West, a distance of 71.33
feet to an angle point of the tract herein described.
(E) North 07 21' 09'' West, a distance of 122.45
feet to an angle point of the tract herein described.
(F) North 26 41' 15'' West, a distance of 46.02
feet to an angle point of the tract herein described.
(G) North 01 31' 59'' West, a distance of 219.78
feet to an angle point of the tract herein described.
(H) North 15 54' 07'' West, a distance of 104.89
feet to an angle point of the tract herein described.
(I) North 04 00' 34'' East, a distance of 72.94
feet to an angle point of the tract herein described.
(J) North 06 46' 38'' West, a distance of 78.89
feet to an angle point of the tract herein described.
(K) North 12 07' 59'' West, a distance of 182.79
feet to an angle point of the tract herein described.
(L) North 20 50' 47'' West, a distance of 105.74
feet to an angle point of the tract herein described.
(M) North 02 02' 04'' West, a distance of 184.50
feet to an angle point of the tract herein described.
[[Page 130 STAT. 1697]]
(N) North 08 07' 11'' East, a distance of 102.23
feet to an angle point of the tract herein described.
(O) North 08 16' 00'' West, a distance of 213.45
feet to an angle point of the tract herein described.
(P) North 03 15' 16'' West, a distance of 336.45
feet to a point for the beginning of a non-tangent curve
to the left.
(Q) Northerly along said non-tangent curve to the
left having a radius of 896.08 feet, a central angle of
14 00' 05'', a chord of North 09 36' 03'' West -
218.43 feet, and an arc length of 218.97 feet to a point
for the beginning of a non-tangent curve to the right.
(R) Northerly along said non-tangent curve to the
right having a radius of 483.33 feet, a central angle of
19 13' 34'', a chord of North 13 52' 03'' East -
161.43 feet, and an arc length of 162.18 feet to a point
for the northwesterly corner of the tract herein
described.
(5) Thence, continuing over and across said City of Texas
City Survey, and along the edge of fill along said Galveston
Bay, the following 15 courses and distances:
(A) North 30 45' 02'' East, a distance of 189.03
feet to an angle point of the tract herein described.
(B) North 34 20' 49'' East, a distance of 174.16
feet to a point for the beginning of a non-tangent curve
to the right.
(C) Northeasterly along said non-tangent curve to
the right having a radius of 202.01 feet, a central
angle of 25 53' 37'', a chord of North 33 14' 58''
East - 90.52 feet, and an arc length of 91.29 feet to a
point for the beginning of a non-tangent curve to the
left.
(D) Northeasterly along said non-tangent curve to
the left having a radius of 463.30 feet, a central angle
of 23 23' 57'', a chord of North 48 02' 53'' East -
187.90 feet, and an arc length of 189.21 feet to a point
for the beginning of a non-tangent curve to the right.
(E) Northeasterly along said non-tangent curve to
the right having a radius of 768.99 feet, a central
angle of 16 24' 19'', a chord of North 43 01' 40''
East - 219.43 feet, and an arc length of 220.18 feet to
an angle point of the tract herein described.
(F) North 38 56' 50'' East, a distance of 126.41
feet to an angle point of the tract herein described.
(G) North 42 59' 50'' East, a distance of 128.28
feet to a point for the beginning of a non-tangent curve
to the right.
(H) Northerly along said non-tangent curve to the
right having a radius of 151.96 feet, a central angle of
68 36' 31'', a chord of North 57 59' 42'' East -
171.29 feet, and an arc length of 181.96 feet to a point
for the most northerly corner of the tract herein
described.
(I) South 77 14' 49'' East, a distance of 131.60
feet to an angle point of the tract herein described.
(J) South 84 44' 18'' East, a distance of 86.58
feet to an angle point of the tract herein described.
(K) South 58 14' 45'' East, a distance of 69.62
feet to an angle point of the tract herein described.
[[Page 130 STAT. 1698]]
(L) South 49 44' 51'' East, a distance of 149.00
feet to an angle point of the tract herein described.
(M) South 44 47' 21'' East, a distance of 353.77
feet to a point for the beginning of a non-tangent curve
to the left.
(N) Easterly along said non-tangent curve to the
left having a radius of 253.99 feet, a central angle of
98 53' 23'', a chord of South 83 28' 51'' East -
385.96 feet, and an arc length of 438.38 feet to an
angle point of the tract herein described.
(O) South 75 49' 13'' East, a distance of 321.52
feet to the point of beginning and containing 393.53
acres (17,142,111 square feet) of land.
SEC. 1313. STONINGTON HARBOUR, CONNECTICUT.
The portion of the project for navigation, Stonington Harbour,
Connecticut, authorized by the Act of May 23, 1828 (4 Stat. 288, chapter
73), that consists of the inner stone breakwater that begins at
coordinates N. 682,146.42, E. 1231,378.69, running north 83.587 degrees
west 166.79' to a point N. 682,165.05, E. 1,231,212.94, running north
69.209 degrees west 380.89' to a point N. 682,300.25, E. 1,230,856.86,
is no longer authorized as a Federal project beginning on the date of
enactment of this Act.
SEC. 1314. RED RIVER BELOW DENISON DAM, TEXAS, OKLAHOMA, ARKANSAS,
AND LOUISIANA.
The portion of the project for flood control with respect to the Red
River below Denison Dam, Texas, Oklahoma, Arkansas, and Louisiana,
authorized by section 10 of the Flood Control Act of 1946 (60 Stat. 647,
chapter 596), consisting of the portion of the West Agurs Levee that
begins at lat. 32 32' 50.86'' N., by long. 93 46' 16.82'' W., and ends
at lat. 32 31' 22.79'' N., by long. 93 45' 2.47'' W., is no longer
authorized beginning on the date of enactment of this Act.
SEC. 1315. GREEN RIVER AND BARREN RIVER, KENTUCKY.
(a) In General.--Beginning on the date of enactment of this Act,
commercial navigation at the locks and dams identified in the report of
the Chief of Engineers entitled ``Green River Locks and Dams 3, 4, 5,
and 6 and Barren River Lock and Dam 1, Kentucky'' and dated April 30,
2015, shall no longer be authorized, and the land and improvements
associated with the locks and dams shall be disposed of--
(1) consistent with this section; and
(2) subject to such terms and conditions as the Secretary
determines to be necessary and appropriate in the public
interest.
(b) Disposition.--
(1) Green river lock and dam 3.--The Secretary shall convey
to the Rochester Dam Regional Water Commission all right, title,
and interest of the United States in and to the land associated
with Green River Lock and Dam 3, located in Ohio County and
Muhlenberg County, Kentucky, together with any improvements on
the land.
(2) Green river lock and dam 4.--The Secretary shall convey
to Butler County, Kentucky, all right, title, and interest of
the United States in and to the land associated with Green
[[Page 130 STAT. 1699]]
River Lock and Dam 4, located in Butler County, Kentucky,
together with any improvements on the land.
(3) Green river lock and dam 5.--The Secretary shall convey
to the State of Kentucky, a political subdivision of the State
of Kentucky, or a nonprofit, nongovernmental organization all
right, title, and interest of the United States in and to the
land associated with Green River Lock and Dam 5, located in
Edmonson County, Kentucky, together with any improvements on the
land, for the purposes of--
(A) removing Lock and Dam 5 from the river at the
earliest feasible time; and
(B) making the land available for conservation and
public recreation, including river access.
(4) Green river lock and dam 6.--
(A) In general.--The Secretary shall transfer to the
Secretary of the Interior administrative jurisdiction
over the portion of the land associated with Green River
Lock and Dam 6, Edmonson County, Kentucky, that is
located on the left descending bank of the Green River,
together with any improvements on the land, for
inclusion in Mammoth Cave National Park.
(B) Transfer to the state of kentucky.--The
Secretary shall convey to the State of Kentucky all
right, title, and interest of the United States in and
to the portion of the land associated with Green River
Lock and Dam 6, Edmonson County, Kentucky, that is
located on the right descending bank of the Green River,
together with any improvements on the land, for use by
the Department of Fish and Wildlife Resources of the
State of Kentucky for the purposes of--
(i) removing Lock and Dam 6 from the river at
the earliest feasible time; and
(ii) making the land available for
conservation and public recreation, including
river access.
(5) Barren river lock and dam 1.--The Secretary shall convey
to the State of Kentucky, all right, title, and interest of the
United States in and to the land associated with Barren River
Lock and Dam 1, located in Warren County, Kentucky, together
with any improvements on the land, for use by the Department of
Fish and Wildlife Resources of the State of Kentucky for the
purposes of--
(A) removing Lock and Dam 1 from the river at the
earliest feasible time; and
(B) making the land available for conservation and
public recreation, including river access.
(c) Conditions.--
(1) In general.--The exact acreage and legal description of
any land to be disposed of, transferred, or conveyed under this
section shall be determined by a survey satisfactory to the
Secretary.
(2) Quitclaim deed.--A conveyance under paragraph (1), (2),
(4), or (5) of subsection (b) shall be accomplished by quitclaim
deed and without consideration.
(3) Administrative costs.--The Secretary shall be
responsible for all administrative costs associated with a
transfer or conveyance under this section, including the costs
of a survey carried out under paragraph (1).
[[Page 130 STAT. 1700]]
(4) Reversion.--If the Secretary determines that the land
conveyed under this section is not used by a non-Federal entity
for a purpose that is consistent with the purpose of the
conveyance, all right, title, and interest in and to the land,
including any improvements on the land, shall revert, at the
discretion of the Secretary, to the United States, and the
United States shall have the right of immediate entry onto the
land.
SEC. 1316. HANNIBAL SMALL BOAT HARBOR, HANNIBAL, MISSOURI.
The project for navigation at Hannibal Small Boat Harbor on the
Mississippi River, Hannibal, Missouri, authorized by section 101 of the
River and Harbor Act of 1950 (64 Stat. 166, chapter 188), is no longer
authorized beginning on the date of enactment of this Act, and any
maintenance requirements associated with the project are terminated.
SEC. 1317. LAND TRANSFER AND TRUST LAND FOR MUSCOGEE (CREEK)
NATION.
(a) Transfer.--
(1) In general.--Subject to paragraph (2) and for the
consideration described in subsection (c), the Secretary shall
transfer to the Secretary of the Interior the land described in
subsection (b) to be held in trust for the benefit of the
Muscogee (Creek) Nation.
(2) Conditions.--The land transfer under this subsection
shall be subject to the following conditions:
(A) The transfer--
(i) shall not interfere with the Corps of
Engineers operation of the Eufaula Lake Project or
any other authorized civil works project; and
(ii) shall be subject to such other terms and
conditions as the Secretary determines to be
necessary and appropriate to ensure the continued
operation of the Eufaula Lake Project or any other
authorized civil works project.
(B) The Secretary shall retain the right to inundate
with water the land transferred to the Secretary of the
Interior under this subsection as necessary to carry out
an authorized purpose of the Eufaula Lake Project or any
other civil works project.
(C) No gaming activities may be conducted on the
land transferred under this subsection.
(b) Land Description.--
(1) In general.--The land to be transferred pursuant to
subsection (a) is the approximately 18.38 acres of land located
in the Northwest Quarter (NW 1/4) of sec. 3, T. 10 N., R. 16 E.,
McIntosh County, Oklahoma, generally depicted as ``USACE'' on
the map entitled ``Muscogee (Creek) Nation Proposed Land
Acquisition'' and dated October 16, 2014.
(2) Survey.--The exact acreage and legal description of the
land to be transferred under subsection (a) shall be determined
by a survey satisfactory to the Secretary and the Secretary of
the Interior.
(c) Consideration.--The Muscogee (Creek) Nation shall pay--
(1) to the Secretary an amount that is equal to the fair
market value of the land transferred under subsection (a), as
determined by the Secretary, which funds may be accepted and
expended by the Secretary; and
[[Page 130 STAT. 1701]]
(2) all costs and administrative expenses associated with
the transfer of land under subsection (a), including the costs
of--
(A) the survey under subsection (b)(2);
(B) compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(C) any coordination necessary with respect to
requirements related to endangered species, cultural
resources, clean water, and clean air.
SEC. 1318. CAMERON COUNTY, TEXAS.
(a) Release.--As soon as practicable after the date of enactment of
this Act, the Secretary shall execute and file in the appropriate office
a deed of release, amended deed, or other appropriate instrument
effectuating the release of the interests of the United States in
certain tracts of land located in Cameron County, Texas, as described in
subsection (d).
(b) Additional Terms and Conditions.--The Secretary may require that
any release under this section be subject to such additional terms and
conditions as the Secretary considers appropriate and necessary to
protect the interests of the United States.
(c) Costs of Conveyance.--The Brownsville Navigation District shall
be responsible for all reasonable and necessary costs, including real
estate transaction and environmental documentation costs, associated
with the releases.
(d) Description.--The Secretary shall release all or portions of the
interests in the following tracts as determined by a survey to be paid
for by the Brownsville Navigation District, that is satisfactory to the
Secretary:
(1) Tract No. 1: Being 1,277.80 Acres as conveyed by the
Brownsville Navigation District of Cameron County, Texas, to the
United States of America by instrument dated September 22, 1932,
and recorded at Volume 238, pages 578 through 580, in the Deed
Records of Cameron County, Texas, to be released and abandoned
in its entirety, save and except approximately 361.03 Acres,
comprised of the area designated by the U.S. Army Corps of
Engineers as required for the project known as Brazos Island
Harbor Deepening, and further save and except approximately
165.56 Acres for the existing Dredged Material Placement Area
No. 4A1.
(2) Tract No. 2: Being 842.28 Acres as condemned by the
United States of America by the Final Report of Commissioners
dated May 6, 1938, and recorded at Volume 281, pages 486 through
488, in the Deed Records of Cameron County, Texas, to be
released and abandoned in its entirety, save and except
approximately 178.15 Acres comprised of a strip 562 feet in
width, being the area designated by the U.S. Army Corps of
Engineers as required for the project known as Brazos Island
Harbor Deepening, further save and except approximately 76.95
Acres for the existing Dredged Material Placement Area No. 4A1,
and further save and except approximately 74.40 Acres for the
existing Dredged Material Placement Area No. 4B1.
(3) Tract No. 3: Being 362.00 Acres as conveyed by the
Manufacturing and Distributing University to the United States
of America by instrument dated March 3, 1936, and recorded at
Volume ``R'', page 123, in the Miscellaneous Deed Records
[[Page 130 STAT. 1702]]
of Cameron County, Texas, to be released and abandoned in its
entirety.
(4) Tract No. 4: Being 9.48 Acres as conveyed by the
Brownsville Navigation District of Cameron County, Texas, to the
United States of America by instrument dated January 23, 1939,
and recorded at Volume 293, pages 115 through 118, in the Deed
Records of Cameron County, Texas (said 9.48 Acres are identified
in said instrument as the ``Second Tract''), to be released and
abandoned in its entirety, save and except approximately 1.97
Acres, comprised of the area designated by the U.S. Army Corps
of Engineers as required for the project known as Brazos Island
Harbor Deepening, plus 5.0 feet.
(5) Tract No. 5: Being 10.91 Acres as conveyed by the
Brownsville Navigation District of Cameron County, Texas, by
instrument dated March 6, 1939, and recorded at Volume 293,
pages 113 through 115, in the Deed Records of Cameron County,
Texas (said 10.91 Acres are identified in said instrument as
``Third Tract''), to be released and abandoned in its entirety,
save and except approximately 0.36 Acre, comprised of the area
designated by the U.S. Army Corps of Engineers as required for
the project known as Brazos Island Harbor Deepening.
(6) Tract No. 9: Being 552.82 Acres as condemned by the
United States of America by the Final Report of Commissioners
dated May 6, 1938, and recorded at Volume 281, pages 483 through
486, in the Deed Records of Cameron County, Texas, to be
released and abandoned in its entirety, save and except
approximately 84.59 Acres, comprised of the area designated by
the U.S. Army Corps of Engineers as required for the project
known as Brazos Island Harbor Deepening.
(7) Tract No. 10: Being 325.02 Acres as condemned by the
United States of America by the Final Report of Commissioners
dated May 7, 1935, and recorded at Volume 281, pages 476 through
483, in the Deed Records of Cameron County, Texas, to be
released and abandoned in its entirety, save and except
approximately 76.81 Acres, comprised of the area designated by
the U.S. Army Corps of Engineers as required for the project
known as Brazos Island Harbor Deepening.
(8) Tract No. 11: Being 8.85 Acres in as conveyed by the
Brownsville Navigation District of Cameron County, Texas, to the
United States of America by instrument dated January 23, 1939,
and recorded at Volume 293, Pages 115 through 118, in the Deed
Records of Cameron County, Texas (said 8.85 Acres are identified
in said instrument as the ``First Tract''), to be released and
abandoned in its entirety, save and except approximately 0.30
Acres, comprised of the area within the project known as Brazos
Island Harbor Deepening, plus 5.0 feet.
(9) Tract No. A100E: Being 13.63 Acres in as conveyed by the
Brownsville Navigation District of Cameron County, Texas, to the
United States of America by instrument dated September 30, 1947,
and recorded at Volume 427, page 1 through 4 in the Deed Records
of Cameron County, to be released and abandoned in its entirety,
save and except approximately 6.60 Acres, comprised of the area
designated by the
[[Page 130 STAT. 1703]]
U.S. Army Corps of Engineers as required for the existing
project known as Brazos Island Harbor, plus 5.0 feet.
(10) Tract No. 122E: Being 31.4 Acres as conveyed by the
Brownsville Navigation District of Cameron County, Texas, to the
United States of America by instrument dated December 11, 1963
and recorded at Volume 756, page 393 in the Deed Records of
Cameron County, Texas, to be released and abandoned in its
entirety, save and except approximately 4.18 Acres in Share 31
of the Espiritu Santo Grant in Cameron County, Texas, and
further save and except approximately 2.04 Acres in Share 7 of
the San Martin Grant in Cameron County, Texas, being portions of
the area designated by the U.S. Army Corps of Engineers as
required for the current project known as Brazos Island Harbor,
plus 5.0 feet.
SEC. 1319. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH
CAROLINA.
(a) Definitions.--In this section, the following definitions apply:
(1) New savannah bluff lock and dam.--The term ``New
Savannah Bluff Lock and Dam'' means--
(A) the lock and dam at New Savannah Bluff, Savannah
River, Georgia and South Carolina; and
(B) the appurtenant features to the lock and dam,
including--
(i) the adjacent approximately 50-acre park
and recreation area with improvements made under
the project for navigation, Savannah River below
Augusta, Georgia, authorized by the first section
of the Act of July 3, 1930 (46 Stat. 924), and the
first section of the Act of August 30, 1935 (49
Stat. 1032); and
(ii) other land that is part of the project
and that the Secretary determines to be
appropriate for conveyance under this section.
(2) Project.--The term ``Project'' means the project for
navigation, Savannah Harbor expansion, Georgia, authorized by
section 7002(1) of the Water Resources Reform and Development
Act of 2014 (Public Law 113-121; 128 Stat. 1364).
(b) Deauthorization.--
(1) In general.--Effective beginning on the date of
enactment of this Act--
(A) the New Savannah Bluff Lock and Dam is
deauthorized; and
(B) notwithstanding section 348(l)(2)(B) of the
Water Resources Development Act of 2000 (Public Law 106-
541; 114 Stat. 2630; 114 Stat. 2763A-228) (as in effect
on the day before the date of enactment of this Act) or
any other provision of law, the New Savannah Bluff Lock
and Dam shall not be conveyed to the city of North
Augusta and Aiken County, South Carolina, or any other
non-Federal entity.
(2) Repeal.--Section 348 of the Water Resources Development
Act of 2000 (Public Law 106-541; 114 Stat. 2630; 114 Stat.
2763A-228) is amended--
(A) by striking subsection (l); and
(B) by redesignating subsections (m) and (n) as
subsections (l) and (m), respectively.
[[Page 130 STAT. 1704]]
(c) Project Modifications.--
(1) In general.--Notwithstanding any other provision of law,
the Project is modified to include, as the Secretary determines
to be necessary--
(A)(i) repair of the lock wall of the New Savannah
Bluff Lock and Dam and modification of the structure
such that the structure is able--
(I) to maintain the pool for navigation, water
supply, and recreational activities, as in
existence on the date of enactment of this Act;
and
(II) to allow safe passage over the structure
to historic spawning grounds of shortnose
sturgeon, Atlantic sturgeon, and other migratory
fish; or
(ii)(I) construction at an appropriate location
across the Savannah River of a structure that is able to
maintain the pool for water supply and recreational
activities, as in existence on the date of enactment of
this Act; and
(II) removal of the New Savannah Bluff Lock and Dam
on completion of construction of the structure; and
(B) conveyance by the Secretary to Augusta-Richmond
County, Georgia, of the park and recreation area
adjacent to the New Savannah Bluff Lock and Dam, without
consideration.
(2) Non-federal cost share.--The Federal share of the cost
of any Project feature constructed pursuant to paragraph (1)
shall be not greater than the share as provided by section
7002(1) of the Water Resources Reform and Development Act of
2014 (Public Law 113-121; 128 Stat. 1364) for the most cost-
effective fish passage structure.
(3) Operation and maintenance costs.--The Federal share of
the costs of operation and maintenance of any Project feature
constructed pursuant to paragraph (1) shall be consistent with
the cost sharing of the Project as provided by law.
SEC. 1320. HAMILTON CITY, CALIFORNIA.
Section 1001(8) of the Water Resources Development Act of 2007 (121
Stat. 1050) is modified to authorize the Secretary to construct the
project at a total cost of $91,000,000, with an estimated Federal cost
of $59,735,061 and an estimated non-Federal cost of $31,264,939.
SEC. 1321. CONVEYANCES.
(a) Pearl River, Mississippi and Louisiana.--
(1) In general.--The project for navigation, Pearl River,
Mississippi and Louisiana, authorized by the first section of
the Act of August 30, 1935 (49 Stat. 1033, chapter 831), and
section 101 of the River and Harbor Act of 1966 (Public Law 89-
789; 80 Stat. 1405), is no longer authorized as a Federal
project beginning on the date of enactment of this Act.
(2) Transfer.--
(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary is authorized to convey to a State or
local interest, without consideration, all right, title,
and interest of the United States in and to--
(i) any land in which the Federal Government
has a property interest for the project described
in paragraph (1); and
[[Page 130 STAT. 1705]]
(ii) improvements to the land described in
clause (i).
(B) Responsibility for costs.--The transferee shall
be responsible for the payment of all costs and
administrative expenses associated with any transfer
carried out pursuant to subparagraph (A), including
costs associated with any land survey required to
determine the exact acreage and legal description of the
land and improvements to be transferred.
(C) Other terms and conditions.--A transfer under
subparagraph (A) shall be subject to such other terms
and conditions as the Secretary determines to be
necessary and appropriate to protect the interests of
the United States.
(3) Reversion.--If the Secretary determines that the land
and improvements conveyed under paragraph (2) cease to be owned
by the public, all right, title, and interest in and to the land
and improvements shall revert, at the discretion of the
Secretary, to the United States.
(b) Sardis Lake, Mississippi.--
(1) In general.--The Secretary is authorized to convey to
the lessee, at full fair market value, all right, title, and
interest of the United Sates in and to the property identified
in the leases numbered DACW38-1-15-7, DACW38-1-15-33, DACW38-1-
15-34, and DACW38-1-15-38, subject to such terms and conditions
as the Secretary determines to be necessary and appropriate to
protect the interests of the United States.
(2) Easement and restrictive covenant.--The conveyance under
paragraph (1) shall include--
(A) a restrictive covenant to require the approval
of the Secretary for any substantial change in the use
of the property; and
(B) a flowage easement.
(c) Pensacola Dam and Reservoir, Grand River, Oklahoma.--
(1) In general.--Notwithstanding the Act of June 28, 1938
(52 Stat. 1215, chapter 795), as amended by section 3 of the Act
of August 18, 1941 (55 Stat. 645, chapter 377), and
notwithstanding section 3 of the Act of July 31, 1946 (60 Stat.
744, chapter 710), the Secretary shall convey, by quitclaim deed
and without consideration, to the Grand River Dam Authority, an
agency of the State of Oklahoma, for flood control purposes, all
right, title, and interest of the United States in and to real
property under the administrative jurisdiction of the Secretary
acquired in connection with the Pensacola Dam project, together
with any improvements on the property.
(2) Flood control purposes.--If any interest in the real
property described in paragraph (1) ceases to be managed for
flood control or other public purposes and is conveyed to a
nonpublic entity, the transferee, as part of the conveyance,
shall pay to the United States the fair market value for the
interest.
(3) No effect.--Nothing in this subsection--
(A) amends, modifies, or repeals any existing
authority vested in the Federal Energy Regulatory
Commission; or
[[Page 130 STAT. 1706]]
(B) amends, modifies, or repeals any authority of
the Secretary or the Chief of Engineers pursuant to
section 7 of the Act of December 22, 1944 (33 U.S.C.
709).
(d) Joe Pool Lake, Texas.--The Secretary shall accept from the
Trinity River Authority of Texas, if received on or before December 31,
2016, $31,344,841 as payment in full of amounts owed to the United
States, including any accrued interest, for the approximately 61,747.1
acre-feet of water supply storage space in Joe Pool Lake, Texas
(previously known as Lakeview Lake), for which payment has not commenced
under Article 5.a (relating to project investment costs) of contract
number DACW63-76-C-0106 as of the date of enactment of this Act.
SEC. 1322. EXPEDITED CONSIDERATION.
(a) In General.--Section 1011 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2341a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(C) by inserting ``restore or''
before ``prevent the loss''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``the date of enactment of this Act''
and inserting ``the date of enactment of the Water
Resources Development Act of 2016''; and
(ii) in subparagraph (A)(ii) by striking
``that--'' and all that follows through ``limited
reevaluation report''; and
(2) in subsection (b)--
(A) in paragraph (1) by redesignating subparagraphs
(A) through (C) as clauses (i) through (iii),
respectively, and indenting appropriately;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(C) in the matter preceding subparagraph (A) (as so
redesignated) by striking ``For'' and inserting the
following:
``(1) In general.--For''; and
(D) by adding at the end the following:
``(2) Expedited consideration of currently authorized
programmatic authorities.--Not later than 180 days after the
date of enactment of the Water Resources Development Act of
2016, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that contains--
``(A) a list of all programmatic authorities for
aquatic ecosystem restoration or improvement of the
environment that--
``(i) were authorized or modified in the Water
Resources Development Act of 2007 (Public Law 110-
114; 121 Stat. 1041) or any subsequent Act; and
``(ii) that meet the criteria described in
paragraph (1); and
``(B) a plan for expeditiously completing the
projects under the authorities described in subparagraph
(A), subject to available funding.''.
(b) Expedited Consideration.--
[[Page 130 STAT. 1707]]
(1) Expedited completion of flood damage reduction and flood
risk management projects.--For authorized projects with a
primary purpose of flood damage reduction and flood risk
management, the Secretary shall provide priority funding for and
expedite the completion of the following projects:
(A) Chicagoland Underflow Plan, Illinois, including
stage 2 of the McCook Reservoir, as authorized by
section 3(a)(5) of the Water Resources Development Act
of 1988 (Public Law 100-676; 102 Stat. 4013) and
modified by section 319 of the Water Resources
Development Act of 1996 (Public Law 104-303; 110 Stat.
3715) and section 501(b) of the Water Resources
Development Act of 1999 (Public Law 106-53; 113 Stat.
334).
(B) Cedar River, Cedar Rapids, Iowa, as authorized
by section 7002(2)(3) of the Water Resources Reform and
Development Act of 2014 (Public Law 113-121; 128 Stat.
1366).
(C) Comite River, Louisiana, authorized as part of
the project for flood control, Amite River and
Tributaries, Louisiana, by section 101(11) of the Water
Resources Development Act of 1992 (Public Law 102-580;
106 Stat. 4802) and modified by section 301(b)(5) of the
Water Resources Development Act of 1996 (Public Law 104-
303; 110 Stat. 3709) and section 371 of the Water
Resources Development Act of 1999 (Public Law 106-53;
113 Stat. 321).
(D) Amite River and Tributaries, Louisiana, East
Baton Rouge Parish Watershed, as authorized by section
101(a)(21) of the Water Resources Development Act of
1999 (Public Law 106-53; 113 Stat. 277) and modified by
section 116 of title I of division D of Public Law 108-7
(117 Stat. 140) and section 3074 of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat.
1124).
(E) The projects described in paragraphs (29)
through (33) of section 212(e) of the Water Resources
Development Act of 1999 (33 U.S.C. 2332(e)).
(2) Expedited completion of feasibility studies.--The
Secretary shall give priority funding and expedite completion of
the reports for the following projects, and, if the Secretary
determines that a project is justified in the completed report,
proceed directly to project preconstruction, engineering, and
design in accordance with section 910 of the Water Resources
Development Act of 1986 (33 U.S.C. 2287):
(A) The project for navigation, St. George Harbor,
Alaska.
(B) The project for flood risk management, Rahway
River Basin, New Jersey.
(C) The Hudson-Raritan Estuary Comprehensive
Restoration Project.
(D) The project for navigation, Mobile Harbor,
Alabama.
(E) The project for flood risk management, Little
Colorado River at Winslow, Navajo County, Arizona.
(F) The project for flood risk management, Lower San
Joaquin River, California. In carrying out the
feasibility study for the project, the Secretary shall
include Reclamation District 17 as part of the study.
[[Page 130 STAT. 1708]]
(G) The project for flood risk management and
ecosystem restoration, Sacramento River Flood Control
System, California.
(H) The project for hurricane and storm damage risk
reduction, Ft. Pierce, Florida.
(I) The project for flood risk management, Des
Moines and Raccoon Rivers, Iowa.
(J) The project for navigation, Mississippi River
Ship Channel, Louisiana.
(K) The project for flood risk management, North
Branch Ecorse Creek, Wayne County, Michigan.
(3) Expedited completion of post-authorization change
report.--The Secretary shall provide priority funding for, and
expedite completion of, a post-authorization change report for
the project for hurricane and storm damage risk reduction, New
Hanover County, North Carolina.
(4) Completion of projects under construction by non-federal
interests.--The Secretary shall expedite review and decision on
recommendations for the following projects for flood damage
reduction and flood risk management:
(A) Pearl River Basin, Mississippi, authorized by
section 401(e)(3) of the Water Resources Development Act
of 1986 (Public Law 99-662; 100 Stat. 4132), as modified
by section 3104 of the Water Resources Development Act
of 2007 (Public Law 110-114; 121 Stat. 1134), submitted
to the Secretary under section 211 of the Water
Resources Development Act of 1996 (33 U.S.C. 701b-13)
(as in effect on the day before the date of enactment of
the Water Resources Reform and Development Act of 2014
(Public Law 113-121; 128 Stat. 1193)).
(B) Brays Bayou, Texas, authorized by section
101(a)(21) of the Water Resources Development Act of
1990 (Public Law 101-640; 104 Stat. 4610), as modified
by section 211(f)(6) of the Water Resources Development
Act of 1996 (33 U.S.C. 701b-13(f)(6)) (as in effect on
the day before the date of enactment of the Water
Resources Reform and Development Act of 2014 (Public Law
113-121; 128 Stat. 1193)).
Subtitle D--Water Resources Infrastructure
SEC. 1401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
``Report to Congress on Future Water Resources Development'' submitted
to Congress on January 29, 2015, and January 29, 2016, respectively,
pursuant to section 7001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress, are
authorized to be carried out by the Secretary substantially in
accordance with the plans, and subject to the conditions, described in
the respective reports designated in this section:
(1) Navigation.--
[[Page 130 STAT. 1709]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Brazos Island Nov. 3, 2014 Federal: $121,023,000
Harbor Non-Federal: $89,453,000
Total: $210,476,000
------------------------------------------------------------------------
2. LA Calcasieu Lock Dec. 2, 2014 Total: $17,432,000 (to be
derived \1/2\ from the
general fund of the
Treasury and \1/2\ from
the Inland Waterways Trust
Fund)
------------------------------------------------------------------------
3. NH, Portsmouth Harbor Feb. 8, 2015 Federal: $16,015,000
ME and Piscataqua Non-Federal: $5,338,000
River Total: $21,353,000
------------------------------------------------------------------------
4. FL Port Everglades Jun. 25, 2015 Federal: $229,770,000
Non-Federal: $107,233,000
Total: $337,003,000
------------------------------------------------------------------------
5. AK Little Diomede Aug. 10, 2015 Federal: $26,394,000
Harbor Non-Federal: $2,933,000
Total: $29,327,000
------------------------------------------------------------------------
6. SC Charleston Harbor Sep. 8, 2015 Federal: $231,239,000
Non-Federal: $271,454,000
Total: $502,693,000
------------------------------------------------------------------------
7. AK Craig Harbor Mar. 16, 2016 Federal: $29,456,000
Non-Federal: $3,299,000
Total: $32,755,000
------------------------------------------------------------------------
8. PA Upper Ohio Sep. 12, 2016 Total: $2,691,600,000 (to
be derived \1/2\ from the
general fund of the
Treasury and \1/2\ from
the Inland Waterways Trust
Fund).
------------------------------------------------------------------------
[[Page 130 STAT. 1710]]
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Leon Creek Jun. 30, 2014 Federal: $22,145,000
Watershed Non-Federal: $11,925,000
Total: $34,070,000
------------------------------------------------------------------------
2. MO, Armourdale and Jan. 27, 2015 Federal: $213,271,500
KS Central Non-Federal: $114,838,500
Industrial Total: $328,110,000
District Levee
Units, Missouri
River and
Tributaries at
Kansas Citys
------------------------------------------------------------------------
3. KS City of Manhattan Apr. 30, 2015 Federal: $16,151,000
Non-Federal: $8,697,000
Total: $24,848,000
------------------------------------------------------------------------
4. TN Mill Creek Oct. 16, 2015 Federal: $17,950,000
Non-Federal: $10,860,000
Total: $28,810,000
------------------------------------------------------------------------
5. KS Upper Turkey Creek Dec. 22, Federal: $25,610,000
Basin 2015 Non-Federal: $13,790,000
Total: $39,400,000
------------------------------------------------------------------------
6. NC Princeville Feb. 23, 2016 Federal: $14,080,000
Non-Federal: $7,582,000
Total: $21,662,000
------------------------------------------------------------------------
7. CA American River Apr. 26, 2016 Federal: $890,046,900
Common Features Non-Federal: $705,714,100
Total: $1,595,761,000
------------------------------------------------------------------------
[[Page 130 STAT. 1711]]
8. CA West Sacramento Apr. 26, 2016 Federal: $788,861,000
Non-Federal: $424,772,000
Total: $1,213,633,000.
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of D. Estimated Initial
A. State B. Name Chief of Costs and Estimated
Engineers Renourishment Costs
------------------------------------------------------------------------
1. SC Colleton County Sep. 5, 2014 Initial Federal:
$14,448,000
Initial Non-Federal:
$7,780,000
Initial Total: $22,228,000
Renourishment Federal:
$17,491,000
Renourishment Non-Federal:
$17,491,000
Renourishment Total:
$34,982,000
------------------------------------------------------------------------
2. FL Flagler County Dec. 23, 2014 Initial Federal: $9,561,000
Initial Non-Federal:
$5,149,000
Initial Total: $14,710,000
Renourishment Federal:
$15,814,000
Renourishment Non-Federal:
$15,815,000
Renourishment Total:
$31,629,000
------------------------------------------------------------------------
[[Page 130 STAT. 1712]]
3. NC Carteret County Dec. 23, 2014 Initial Federal:
$25,468,000
Initial Non-Federal:
$13,714,000
Initial Total: $39,182,000
Renourishment Federal:
$120,428,000
Renourishment Non-Federal:
$120,429,000
Renourishment Total:
$240,857,000
------------------------------------------------------------------------
4. NJ Hereford Inlet to Jan. 23, 2015 Initial Federal:
Cape May Inlet, $14,823,000
Cape May County Initial Non-Federal:
$7,981,000
Initial Total: $22,804,000
Renourishment Federal:
$43,501,000
Renourishment Non-Federal:
$43,501,000
Renourishment Total:
$87,002,000
------------------------------------------------------------------------
5. LA West Shore Lake Jun. 12, 2015 Federal: $483,496,650
Pontchartrain Non-Federal: $260,344,350
Total: $743,841,000
------------------------------------------------------------------------
[[Page 130 STAT. 1713]]
6. CA San Diego County Apr. 26, 2016 Initial Federal:
$20,953,000
Initial Non-Federal:
$11,282,000
Initial Total: $32,235,000
Renourishment Federal:
$70,785,000
Renourishment Non-Federal:
$70,785,000
Renourishment Total:
$141,570,000.
------------------------------------------------------------------------
(4) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. FL Central Everglades Dec. 23, 2014 Federal: $993,131,000
Non-Federal: $991,544,000
Total: $1,984,675,000
------------------------------------------------------------------------
2. WA Skokomish River Dec. 14, 2015 Federal: $13,168,000
Non-Federal: $7,091,000
Total: $20,259,000
------------------------------------------------------------------------
3. WA Puget Sound Sep. 16, 2016 Federal: $300,009,000
Non-Federal: $161,543,000
Total: $461,552,000.
------------------------------------------------------------------------
(5) Flood risk management and ecosystem restoration.--
[[Page 130 STAT. 1714]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. IL, Upper Des Plaines Jun. 8, 2015 Federal: $204,860,000
WI River and Non-Federal: $110,642,000
Tributaries Total: $315,502,000.
------------------------------------------------------------------------
(6) Flood risk management, ecosystem restoration, and
recreation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA South San Dec. 18, 2015 Federal: $70,511,000
Francisco Bay Non-Federal: $106,689,000
Shoreline Total: $177,200,000.
------------------------------------------------------------------------
(7) Ecosystem restoration and recreation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. OR Willamette River Dec. 14, 2015 Federal: $19,531,000
Non-Federal: $10,845,000
Total: $30,376,000
------------------------------------------------------------------------
2. CA Los Angeles River Dec. 18, 2015 Federal: $373,413,500
Non-Federal: $1,046,893,500
Total: $1,420,307,000.
------------------------------------------------------------------------
(8) Hurricane and storm damage risk reduction and ecosystem
restoration.--
[[Page 130 STAT. 1715]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. LA Southwest Coastal Jul. 29, 2016 Federal: $2,054,386,100
Louisiana Non-Federal: $1,106,207,900
Total: $3,160,594,000.
------------------------------------------------------------------------
(9) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. TX Upper Trinity May 21, 2008 Federal: $526,500,000
River Non-Federal: $283,500,000
Total: $810,000,000
------------------------------------------------------------------------
2. KS, Turkey Creek Basin May 13, 2016 Federal: $101,491,650
MO Non-Federal: $54,649,350
Total: $156,141,000
------------------------------------------------------------------------
3. KY Ohio River May 13, 2016 Federal: $20,309,900
Shoreline Non-Federal: $10,936,100
Total: $31,246,000
------------------------------------------------------------------------
4. MO Blue River Basin May 13, 2016 Federal: $36,326,250
Non-Federal: $12,108,750
Total: $48,435,000
------------------------------------------------------------------------
5. FL Picayune Strand Jul. 15, 2016 Federal: $313,166,000
Non-Federal: $313,166,000
Total: $626,332,000
------------------------------------------------------------------------
[[Page 130 STAT. 1716]]
6. MO Swope Park Jul. 15, 2016 Federal: $21,033,350
Industrial Area, Non-Federal: $11,325,650
Blue River Total: $32,359,000
------------------------------------------------------------------------
7. AZ Rio de Flag, Sep. 21, 2016 Federal: $66,844,900
Flagstaff Non-Federal: $36,039,100
Total: $102,884,000
------------------------------------------------------------------------
8. TX Houston Ship Nov. 4, 2016 Federal: $381,773,000
Channel Non-Federal: $127,425,000
Total: $509,198,000.
------------------------------------------------------------------------
SEC. 1402. SPECIAL RULES.
(a) Mill Creek.--The portion of the project for flood risk
management, Mill Creek, Tennessee, authorized by section 1401(2) of this
Act that consists of measures within the Mill Creek basin shall be
carried out pursuant to section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s).
(b) Los Angeles River.--The Secretary shall carry out the project
for ecosystem restoration and recreation, Los Angeles River, California,
authorized by section 1401(7) of this Act substantially in accordance
with terms and conditions described in the Report of the Chief of
Engineers, dated December 18, 2015, including, notwithstanding section
2008(c) of the Water Resources Development Act of 2007 (Public Law 110-
114; 121 Stat. 1074), the recommended cost share.
(c) Upper Trinity River.--Not more than $5,500,000 may be expended
to carry out recreation features of the Upper Trinity River project,
Texas, authorized by section 1401(9) of this Act.
TITLE II--WATER AND WASTE ACT OF 2016
SEC. 2001. <<NOTE: Water and Waste Act of 2016. 42 USC 201
note.>> SHORT TITLE.
This title may be cited as the ``Water and Waste Act of 2016''.
SEC. 2002. <<NOTE: 42 USC 300j-3d note.>> DEFINITION OF
ADMINISTRATOR.
In this title, the term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
[[Page 130 STAT. 1717]]
Subtitle A--Safe Drinking Water
SEC. 2101. SENSE OF CONGRESS ON APPROPRIATIONS LEVELS.
It is the sense of Congress that Congress should provide robust
funding of capitalization grants to States to fund those States'
drinking water treatment revolving loan funds established under section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) and the State
water pollution control revolving funds established under title VI of
the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.).
SEC. 2102. PRECONSTRUCTION WORK.
Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(2)) is amended--
(1) in the fifth sentence, by striking ``Of the amount'' and
inserting the following:
``(F) Loan assistance.--Of the amount'';
(2) in the fourth sentence, by striking ``The funds'' and
inserting the following:
``(E) Acquisition of real property.--The funds under
this section'';
(3) in the third sentence, by striking ``The funds'' and
inserting the following:
``(D) Water treatment loans.--The funds under this
section'';
(4) in the second sentence, by striking ``Financial
assistance'' and inserting the following:
``(B) Limitation.--Financial assistance'';
(5) in the first sentence, by striking ``Except'' and
inserting the following:
``(A) In general.--Except'';
(6) in subparagraph (B) (as designated by paragraph (4)), by
striking ``(not'' and inserting ``(including expenditures for
planning, design, and associated preconstruction activities,
including activities relating to the siting of the facility, but
not''; and
(7) by inserting after subparagraph (B) (as designated by
paragraph (4)) the following:
``(C) Sale of bonds.--Funds may also be used by a
public water system as a source of revenue (restricted
solely to interest earnings of the applicable State loan
fund) or security for payment of the principal and
interest on revenue or general obligation bonds issued
by the State to provide matching funds under subsection
(e), if the proceeds of the sale of the bonds will be
deposited in the State loan fund.''.
SEC. 2103. ADMINISTRATION OF STATE LOAN FUNDS.
Section 1452(g)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(g)(2)) is amended--
(1) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively, and indenting the
clauses appropriately;
(2) by striking the fifth sentence and inserting the
following:
[[Page 130 STAT. 1718]]
``(D) Enforcement actions.--Funds used under
subparagraph (B)(ii) shall not be used for enforcement
actions.'';
(3) in the fourth sentence, by striking ``An additional''
and inserting the following:
``(C) Technical assistance.--An additional'';
(4) by striking the third sentence;
(5) in the second sentence, by striking ``For fiscal year''
and inserting the following:
``(B) Additional use of funds.--For fiscal year'';
(6) by striking the first sentence and inserting the
following:
``(A) Authorization.--
``(i) In general.--For each fiscal year, a
State may use the amount described in clause
(ii)--
``(I) to cover the reasonable costs
of administration of the programs under
this section, including the recovery of
reasonable costs expended to establish a
State loan fund that are incurred after
the date of enactment of this section;
and
``(II) to provide technical
assistance to public water systems
within the State.
``(ii) Description of amount.--The amount
referred to in clause (i) is an amount equal to
the sum of--
``(I) the amount of any fees
collected by the State for use in
accordance with clause (i)(I),
regardless of the source; and
``(II) the greatest of--
``(aa) $400,000;
``(bb) \1/5\ percent of the
current valuation of the fund;
and
``(cc) an amount equal to 4
percent of all grant awards to
the fund under this section for
the fiscal year.''; and
(7) in subparagraph (B) (as redesignated by paragraph (5))--
(A) in clause (iv) (as redesignated by paragraph
(1)), by striking ``1419,'' and inserting ``1419.''; and
(B) in the undesignated matter following clause (iv)
(as redesignated by paragraph (1)), by striking ``if the
State'' and all that follows through ``State funds.''.
SEC. 2104. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
amended by adding at the end the following:
``SEC. 1459A. <<NOTE: 42 USC 300j-19a.>> ASSISTANCE FOR SMALL AND
DISADVANTAGED COMMUNITIES.
``(a) Definition of Underserved Community.--In this section:
``(1) In general.--The term `underserved community' means a
political subdivision of a State that, as determined by the
Administrator, has an inadequate system for obtaining drinking
water.
``(2) Inclusions.--The term `underserved community' includes
a political subdivision of a State that either, as determined by
the Administrator--
[[Page 130 STAT. 1719]]
``(A) does not have household drinking water or
wastewater services; or
``(B) is served by a public water system that
violates, or exceeds, as applicable, a requirement of a
national primary drinking water regulation issued under
section 1412, including--
``(i) a maximum contaminant level;
``(ii) a treatment technique; and
``(iii) an action level.
``(b) Establishment.--
``(1) In general.--The Administrator shall establish a
program under which grants are provided to eligible entities for
use in carrying out projects and activities the primary purposes
of which are to assist public water systems in meeting the
requirements of this title.
``(2) Inclusions.--Projects and activities under paragraph
(1) include--
``(A) investments necessary for the public water
system to comply with the requirements of this title;
``(B) assistance that directly and primarily
benefits the disadvantaged community on a per-household
basis; and
``(C) programs to provide household water quality
testing, including testing for unregulated contaminants.
``(c) Eligible Entities.--An eligible entity under this section--
``(1) is--
``(A) a public water system;
``(B) a water system that is located in an area
governed by an Indian Tribe; or
``(C) a State, on behalf of an underserved
community; and
``(2) serves a community--
``(A) that, under affordability criteria established
by the State under section 1452(d)(3), is determined by
the State--
``(i) to be a disadvantaged community; or
``(ii) to be a community that may become a
disadvantaged community as a result of carrying
out a project or activity under subsection (b); or
``(B) with a population of less than 10,000
individuals that the Administrator determines does not
have the capacity to incur debt sufficient to finance a
project or activity under subsection (b).
``(d) Priority.--In prioritizing projects and activities for
implementation under this section, the Administrator shall give priority
to projects and activities that benefit underserved communities.
``(e) Local Participation.--In prioritizing projects and activities
for implementation under this section, the Administrator shall consult
with and consider the priorities of States, Indian Tribes, and local
governments in which communities described in subsection (c)(2) are
located.
``(f) Technical, Managerial, and Financial Capability.--The
Administrator may provide assistance to increase the technical,
managerial, and financial capability of an eligible entity receiving a
grant under this section if the Administrator determines that
[[Page 130 STAT. 1720]]
the eligible entity lacks appropriate technical, managerial, or
financial capability and is not receiving such assistance under another
Federal program.
``(g) Cost Sharing.--Before providing a grant to an eligible entity
under this section, the Administrator shall enter into a binding
agreement with the eligible entity to require the eligible entity--
``(1) to pay not less than 45 percent of the total costs of
the project or activity, which may include services, materials,
supplies, or other in-kind contributions;
``(2) to provide any land, easements, rights-of-way, and
relocations necessary to carry out the project or activity; and
``(3) to pay 100 percent of any operation and maintenance
costs associated with the project or activity.
``(h) Waiver.--The Administrator may waive, in whole or in part, the
requirement under subsection (g)(1) if the Administrator determines that
an eligible entity is unable to pay, or would experience significant
financial hardship if required to pay, the non-Federal share.
``(i) Limitation on Use of Funds.--Not more than 4 percent of funds
made available for grants under this section may be used to pay the
administrative costs of the Administrator.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $60,000,000 for each of fiscal
years 2017 through 2021.''.
SEC. 2105. REDUCING LEAD IN DRINKING WATER.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
further amended by adding at the end the following:
``SEC. 1459B. <<NOTE: 42 USC 300j-19b.>> REDUCING LEAD IN
DRINKING WATER.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a community water system;
``(B) a water system located in an area governed by
an Indian Tribe;
``(C) a nontransient noncommunity water system;
``(D) a qualified nonprofit organization, as
determined by the Administrator, servicing a public
water system; and
``(E) a municipality or State, interstate, or
intermunicipal agency.
``(2) Lead reduction project.--
``(A) In general.--The term `lead reduction project'
means a project or activity the primary purpose of which
is to reduce the concentration of lead in water for
human consumption by--
``(i) replacement of publicly owned lead
service lines;
``(ii) testing, planning, or other relevant
activities, as determined by the Administrator, to
identify and address conditions (including
corrosion control) that contribute to increased
concentration of lead in water for human
consumption; and
``(iii) providing assistance to low-income
homeowners to replace lead service lines.
``(B) Limitation.--The term `lead reduction project'
does not include a partial lead service line replacement
[[Page 130 STAT. 1721]]
if, at the conclusion of the service line replacement,
drinking water is delivered to a household through a
publicly or privately owned portion of a lead service
line.
``(3) Low-income.--The term `low-income', with respect to an
individual provided assistance under this section, has such
meaning as may be given the term by the Governor of the State in
which the eligible entity is located, based upon the
affordability criteria established by the State under section
1452(d)(3).
``(4) Lead service line.--The term `lead service line' means
a pipe and its fittings, which are not lead free (as defined in
section 1417(d)), that connect the drinking water main to the
building inlet.
``(5) Nontransient noncommunity water system.--The term
`nontransient noncommunity water system' means a public water
system that is not a community water system and that regularly
serves at least 25 of the same persons over 6 months per year.
``(b) Grant Program.--
``(1) Establishment.--The Administrator shall establish a
grant program to provide assistance to eligible entities for
lead reduction projects in the United States.
``(2) Precondition.--As a condition of receipt of assistance
under this section, an eligible entity shall take steps to
identify--
``(A) the source of lead in the public water system
that is subject to human consumption; and
``(B) the means by which the proposed lead reduction
project would meaningfully reduce the concentration of
lead in water provided for human consumption by the
applicable public water system.
``(3) Priority application.--In providing grants under this
subsection, the Administrator shall give priority to an eligible
entity that--
``(A) the Administrator determines, based on
affordability criteria established by the State under
section 1452(d)(3), to be a disadvantaged community; and
``(B) proposes to--
``(i) carry out a lead reduction project at a
public water system or nontransient noncommunity
water system that has exceeded the lead action
level established by the Administrator under
section 1412 at any time during the 3-year period
preceding the date of submission of the
application of the eligible entity; or
``(ii) address lead levels in water for human
consumption at a school, daycare, or other
facility that primarily serves children or other
vulnerable human subpopulation described in
section 1458(a)(1).
``(4) Cost sharing.--
``(A) In general.--Subject to subparagraph (B), the
non-Federal share of the total cost of a project funded
by a grant under this subsection shall be not less than
20 percent.
``(B) Waiver.--The Administrator may reduce or
eliminate the non-Federal share under subparagraph (A)
for
[[Page 130 STAT. 1722]]
reasons of affordability, as the Administrator
determines to be appropriate.
``(5) Low-income assistance.--
``(A) In general.--Subject to subparagraph (B), an
eligible entity may use a grant provided under this
subsection to provide assistance to low-income
homeowners to replace the lead service lines of such
homeowners.
``(B) Limitation.--The amount of a grant provided to
a low-income homeowner under this paragraph shall not
exceed the standard cost of replacement of the privately
owned portion of the lead service line.
``(6) Special consideration for lead service line
replacement.--In carrying out lead service line replacement
using a grant under this subsection, an eligible entity--
``(A) shall notify customers of the replacement of
any publicly owned portion of the lead service line;
``(B) may, in the case of a homeowner who is not
low-income, offer to replace the privately owned portion
of the lead service line at the cost of replacement for
that homeowner's property;
``(C) may, in the case of a low-income homeowner,
offer to replace the privately owned portion of the lead
service line at a cost that is equal to the difference
between--
``(i) the cost of replacement; and
``(ii) the amount of assistance available to
the low-income homeowner under paragraph (5);
``(D) shall notify each customer that a planned
replacement of any publicly owned portion of a lead
service line that is funded by a grant made under this
subsection will not be carried out unless the customer
agrees to the simultaneous replacement of the privately
owned portion of the lead service line; and
``(E) shall demonstrate that the eligible entity has
considered other options for reducing the concentration
of lead in its drinking water, including an evaluation
of options for corrosion control.
``(c) Limitation on Use of Funds.--Not more than 4 percent of funds
made available for grants under this section may be used to pay the
administrative costs of the Administrator.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $60,000,000 for each of fiscal
years 2017 through 2021.
``(e) Savings Clause.--Nothing in this section affects whether a
public water system is responsible for the replacement of a lead service
line that is--
``(1) subject to the control of the public water system; and
``(2) located on private property.''.
SEC. 2106. NOTICE TO PERSONS SERVED.
(a) Enforcement of Drinking Water Regulations.--Section 1414(c) of
the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
(1) in the subsection heading, by striking ``Notice to'' and
inserting ``Notice to States, the Administrator, and'';
(2) in paragraph (1)--
[[Page 130 STAT. 1723]]
(A) in subparagraph (C), by striking ``paragraph
(2)(E)'' and inserting ``paragraph (2)(F)''; and
(B) by adding at the end the following:
``(D) Notice that the public water system exceeded
the lead action level under section 141.80(c) of title
40, Code of Federal Regulations (or a prescribed level
of lead that the Administrator establishes for public
education or notification in a successor regulation
promulgated pursuant to section 1412).'';
(3) in paragraph (2)--
(A) in subparagraph (B)(i)(II), by striking
``subparagraph (D)'' and inserting ``subparagraph (E)'';
(B) in subparagraph (C)--
(i) in the subparagraph heading, by striking
``Violations'' and inserting ``Notice of
violations or exceedances'';
(ii) in the matter preceding clause (i)--
(I) in the first sentence, by
striking ``violation'' and inserting
``violation, and each exceedance
described in paragraph (1)(D),''; and
(II) in the second sentence, by
striking ``violation'' and inserting
``violation or exceedance'';
(iii) by striking clause (i) and inserting the
following:
``(i) be distributed as soon as practicable,
but not later than 24 hours, after the public
water system learns of the violation or
exceedance;'';
(iv) in clause (ii), by inserting ``or
exceedance'' after ``violation'' each place it
appears;
(v) by striking clause (iii) and inserting the
following:
``(iii) be provided to the Administrator and
the head of the State agency that has primary
enforcement responsibility under section 1413, as
applicable, as soon as practicable, but not later
than 24 hours after the public water system learns
of the violation or exceedance; and''; and
(vi) in clause (iv)--
(I) in subclause (I), by striking
``broadcast media'' and inserting
``media, including broadcast media'';
and
(II) in subclause (III), by striking
``in lieu of notification by means of
broadcast media or newspaper'';
(C) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(D) by inserting after subparagraph (C) the
following:
``(D) Notice by the administrator.--If the State
with primary enforcement responsibility or the owner or
operator of a public water system has not issued a
notice under subparagraph (C) for an exceedance of the
lead action level under section 141.80(c) of title 40,
Code of Federal Regulations (or a prescribed level of
lead that the Administrator establishes for public
education or notification in a successor regulation
promulgated pursuant to section 1412) that has the
potential to have serious adverse effects on human
health as a result of short-term exposure, not
[[Page 130 STAT. 1724]]
later than 24 hours after the Administrator is notified
of the exceedance, the Administrator shall issue the
required notice under that subparagraph.'';
(4) in paragraph (3)(B), in the first sentence--
(A) by striking ``subparagraph (A) and'' and
inserting ``subparagraph (A),''; and
(B) by striking ``subparagraph (C) or (D) of
paragraph (2)'' and inserting ``subparagraph (C) or (E)
of paragraph (2), and notices issued by the
Administrator with respect to public water systems
serving Indian Tribes under subparagraph (D) of that
paragraph'';
(5) in paragraph (4)(B)--
(A) in clause (ii), by striking ``the terms'' and
inserting ``the terms `action level','';
(B) by striking clause (iii) and inserting the
following:
``(iii) If any regulated contaminant is
detected in the water purveyed by the public water
system, a statement describing, as applicable--
``(I) the maximum contaminant level
goal;
``(II) the maximum contaminant
level;
``(III) the level of the contaminant
in the water system;
``(IV) the action level for the
contaminant; and
``(V) for any contaminant for which
there has been a violation of the
maximum contaminant level during the
year concerned, a brief statement in
plain language regarding the health
concerns that resulted in regulation of
the contaminant, as provided by the
Administrator in regulations under
subparagraph (A).''; and
(C) in the undesignated matter following clause
(vi), in the second sentence, by striking ``subclause
(IV) of clause (iii)'' and inserting ``clause
(iii)(V)''; and
(6) by adding at the end the following:
``(5) Exceedance of lead level at households.--
``(A) Strategic plan.--Not later than 180 days after
the date of enactment of this paragraph, the
Administrator shall, in collaboration with owners and
operators of public water systems and States, establish
a strategic plan for how the Administrator, a State with
primary enforcement responsibility, and owners and
operators of public water systems shall provide targeted
outreach, education, technical assistance, and risk
communication to populations affected by the
concentration of lead in a public water system,
including dissemination of information described in
subparagraph (C).
``(B) EPA initiation of notice.--
``(i) Forwarding of data by employee of the
agency.--If the Agency develops, or receives from
a source other than a State or a public water
system, data that meets the requirements of
section 1412(b)(3)(A)(ii) that indicates that the
drinking water of a household served by a public
water system contains a level of lead that exceeds
the lead action level under section 141.80(c) of
title 40, Code of Federal Regulations (or a
prescribed level of lead that the Administrator
establishes for public education or
[[Page 130 STAT. 1725]]
notification in a successor regulation promulgated
pursuant to section 1412) (referred to in this
paragraph as an `affected household'), the
Administrator shall require an appropriate
employee of the Agency to forward the data, and
information on the sampling techniques used to
obtain the data, to the owner or operator of the
public water system and the State in which the
affected household is located within a time period
determined by the Administrator.
``(ii) Dissemination of information by owner
or operator.--The owner or operator of a public
water system shall disseminate to affected
households the information described in
subparagraph (C) within a time period established
by the Administrator, if the owner or operator--
``(I) receives data and information
under clause (i); and
``(II) has not, since the date of
the test that developed the data,
notified the affected households--
``(aa) with respect to the
concentration of lead in the
drinking water of the affected
households; and
``(bb) that the
concentration of lead in the
drinking water of the affected
households exceeds the lead
action level under section
141.80(c) of title 40, Code of
Federal Regulations (or a
prescribed level of lead that
the Administrator establishes
for public education or
notification in a successor
regulation promulgated pursuant
to section 1412).
``(iii) Consultation.--
``(I) Deadline.--If the owner or
operator of the public water system does
not disseminate to the affected
households the information described in
subparagraph (C) as required under
clause (ii) within the time period
established by the Administrator, not
later than 24 hours after the
Administrator becomes aware of the
failure by the owner or operator of the
public water system to disseminate the
information, the Administrator shall
consult, within a period not to exceed
24 hours, with the applicable Governor
to develop a plan, in accordance with
the strategic plan, to disseminate the
information to the affected households
not later than 24 hours after the end of
the consultation period.
``(II) Delegation.--The
Administrator may only delegate the duty
to consult under subclause (I) to an
employee of the Agency who, as of the
date of the delegation, works in the
Office of Water at the headquarters of
the Agency.
``(iv) Dissemination by administrator.--The
Administrator shall, as soon as practicable,
disseminate to affected households the information
described in subparagraph (C) if--
[[Page 130 STAT. 1726]]
``(I) the owner or operator of the
public water system does not disseminate
the information to the affected
households within the time period
determined by the Administrator, as
required by clause (ii); and
``(II)(aa) the Administrator and the
applicable Governor do not agree on a
plan described in clause (iii)(I) during
the consultation period under that
clause; or
``(bb) the applicable Governor does
not disseminate the information within
24 hours after the end of the
consultation period.
``(C) Information required.--The information
described in this subparagraph includes--
``(i) a clear explanation of the potential
adverse effects on human health of drinking water
that contains a concentration of lead that exceeds
the lead action level under section 141.80(c) of
title 40, Code of Federal Regulations (or a
prescribed level of lead that the Administrator
establishes for public education or notification
in a successor regulation promulgated pursuant to
section 1412);
``(ii) the steps that the owner or operator of
the public water system is taking to mitigate the
concentration of lead; and
``(iii) the necessity of seeking alternative
water supplies until the date on which the
concentration of lead is mitigated.
``(6) Privacy.--Any notice to the public or an affected
household under this subsection shall protect the privacy of
individual customer information.''.
(b) Prohibition on Use of Lead Pipes, Solder, and Flux.--Section
1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6) is amended by
adding at the end the following:
``(f) Public Education.--
``(1) In general.--The Administrator shall make information
available to the public regarding lead in drinking water,
including information regarding--
``(A) risks associated with lead in drinking water;
``(B) the conditions that contribute to drinking
water containing lead in a residence;
``(C) steps that States, public water systems, and
consumers can take to reduce the risks of lead in
drinking water; and
``(D) the availability of additional resources that
consumers can use to minimize lead exposure, including
information on sampling for lead in drinking water.
``(2) Vulnerable populations.--In making information
available to the public under this subsection, the Administrator
shall, subject to the availability of appropriations, carry out
targeted outreach strategies that focus on educating groups
within the general population that may be at greater risk than
the general population of adverse health effects from exposure
to lead in drinking water.''.
[[Page 130 STAT. 1727]]
SEC. 2107. LEAD TESTING IN SCHOOL AND CHILD CARE PROGRAM DRINKING
WATER.
(a) In General.--Section 1464 of the Safe Drinking Water Act (42
U.S.C. 300j-24) is amended by striking subsection (d) and inserting the
following:
``(d) Voluntary School and Child Care Program Lead Testing Grant
Program.--
``(1) Definitions.--In this subsection:
``(A) Child care program.--The term `child care
program' has the meaning given the term `early childhood
education program' in section 103(8) of the Higher
Education Act of 1965 (20 U.S.C. 1003(8)).
``(B) Local educational agency.--The term `local
educational agency' means--
``(i) a local educational agency (as defined
in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(ii) a tribal education agency (as defined
in section 3 of the National Environmental
Education Act (20 U.S.C. 5502)); and
``(iii) a person that owns or operates a child
care program facility.
``(2) Establishment.--
``(A) In general.--Not later than 180 days after the
date of enactment of the Water and Waste Act of 2016,
the Administrator shall establish a voluntary school and
child care program lead testing grant program to make
grants available to States to assist local educational
agencies in voluntary testing for lead contamination in
drinking water at schools and child care programs under
the jurisdiction of the local educational agencies.
``(B) Direct grants to local educational agencies.--
The Administrator may make a grant for the voluntary
testing described in subparagraph (A) directly available
to--
``(i) any local educational agency described
in clause (i) or (iii) of paragraph (1)(B) located
in a State that does not participate in the
voluntary grant program established under
subparagraph (A); or
``(ii) any local educational agency described
in clause (ii) of paragraph (1)(B).
``(3) Application.--To be eligible to receive a grant under
this subsection, a State or local educational agency shall
submit to the Administrator an application at such time, in such
manner, and containing such information as the Administrator may
require.
``(4) Limitation on use of funds.--Not more than 4 percent
of grant funds accepted by a State or local educational agency
for a fiscal year under this subsection shall be used to pay the
administrative costs of carrying out this subsection.
``(5) Guidance; public availability.--As a condition of
receiving a grant under this subsection, the recipient State or
local educational agency shall ensure that each local
educational agency to which grant funds are distributed shall--
``(A) expend grant funds in accordance with--
``(i) the guidance of the Environmental
Protection Agency entitled `3Ts for Reducing Lead
in Drinking
[[Page 130 STAT. 1728]]
Water in Schools: Revised Technical Guidance' and
dated October 2006 (or any successor guidance); or
``(ii) applicable State regulations or
guidance regarding reducing lead in drinking water
in schools and child care programs that are not
less stringent than the guidance referred to in
clause (i); and
``(B)(i) make available, if applicable, in the
administrative offices and, to the extent practicable,
on the Internet website of the local educational agency
for inspection by the public (including teachers, other
school personnel, and parents) a copy of the results of
any voluntary testing for lead contamination in school
and child care program drinking water carried out using
grant funds under this subsection; and
``(ii) notify parent, teacher, and employee
organizations of the availability of the results
described in clause (i).
``(6) Maintenance of effort.--If resources are available to
a State or local educational agency from any other Federal
agency, a State, or a private foundation for testing for lead
contamination in drinking water, the State or local educational
agency shall demonstrate that the funds provided under this
subsection will not displace those resources.
``(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $20,000,000 for
each of fiscal years 2017 through 2021.''.
(b) Repeal.--Section 1465 of the Safe Drinking Water Act (42 U.S.C.
300j-25) is repealed.
SEC. 2108. <<NOTE: 42 USC 300j-3d.>> WATER SUPPLY COST SAVINGS.
(a) Drinking Water Technology Clearinghouse.--The Administrator, in
consultation with the Secretary of Agriculture, shall--
(1) develop a technology clearinghouse for information on
the cost-effectiveness of innovative and alternative drinking
water delivery systems, including wells and well systems; and
(2) disseminate such information to the public and to
communities and not-for-profit organizations seeking Federal
funding for drinking water delivery systems serving 500 or fewer
persons.
(b) Water System Assessment.--In any application for a grant or loan
for the purpose of construction, replacement, or rehabilitation of a
drinking water delivery system serving 500 or fewer persons, the funding
for which would come from the Federal Government (either directly or
through a State), a unit of local government or not-for-profit
organization shall self-certify that the unit of local government or
organization has considered, as an alternative drinking water supply,
drinking water delivery systems sourced by publicly owned--
(1) individual wells;
(2) shared wells; and
(3) community wells.
(c) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report that describes--
(1) the use of innovative and alternative drinking water
delivery systems described in this section;
[[Page 130 STAT. 1729]]
(2) the range of cost savings for communities using
innovative and alternative drinking water delivery systems
described in this section; and
(3) the use of drinking water technical assistance programs
operated by the Administrator and the Secretary of Agriculture.
SEC. 2109. INNOVATION IN THE PROVISION OF SAFE DRINKING WATER.
(a) Innovative Water Technologies.--Section 1442(a)(1) of the Safe
Drinking Water Act (42 U.S.C. 300j-1(a)(1)) is amended--
(1) in subparagraph (D), by striking ``; and'' and inserting
a semicolon;
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) innovative water technologies (including technologies
to improve water treatment to ensure compliance with this title
and technologies to identify and mitigate sources of drinking
water contamination, including lead contamination).''.
(b) Technical Assistance.--Section 1442 of the Safe Drinking Water
Act (42 U.S.C. 300j-1) is amended--
(1) in the heading for subsection (e), by inserting ``to
Small Public Water Systems'' after ``Assistance''; and
(2) by adding at the end the following new subsection:
``(f) Technical Assistance for Innovative Water Technologies.--
``(1) The Administrator may provide technical assistance to
public water systems to facilitate use of innovative water
technologies.
``(2) There are authorized to be appropriated to the
Administrator for use in providing technical assistance under
paragraph (1) $10,000,000 for each of fiscal years 2017 through
2021.''.
(c) <<NOTE: 42 USC 300j-1 note.>> Report.--Not later than 1 year
after the date of enactment of the Water and Waste Act of 2016, and not
less frequently than every 5 years thereafter, the Administrator shall
report to Congress on--
(1) the amount of funding used to provide technical
assistance under section 1442(f) of the Safe Drinking Water Act
to deploy innovative water technologies;
(2) the barriers impacting greater use of innovative water
technologies; and
(3) the cost-saving potential to cities and future
infrastructure investments from innovative water technologies.
SEC. 2110. SMALL SYSTEM TECHNICAL ASSISTANCE.
Section 1452(q) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(q)) is amended by striking ``appropriated'' and all that follows
through ``2003'' and inserting ``made available to carry out this
section for each of fiscal years 2016 through 2021''.
SEC. 2111. DEFINITION OF INDIAN TRIBE.
Section 1401(14) of the Safe Drinking Water Act (42 U.S.C.
300(f)(14)) is amended by striking ``section 1452'' and inserting
``sections 1452, 1459A, and 1459B''.
SEC. 2112. TECHNICAL ASSISTANCE FOR TRIBAL WATER SYSTEMS.
(a) Technical Assistance.--Section 1442(e)(7) of the Safe Drinking
Water Act (42 U.S.C. 300j-1(e)(7)) is amended by striking
[[Page 130 STAT. 1730]]
``Tribes'' and inserting ``Tribes, including grants to provide training
and operator certification services under section 1452(i)(5)''.
(b) Indian Tribes.--Section 1452(i) of the Safe Drinking Water Act
(42 U.S.C. 300j-12(i)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``Tribes and
Alaska Native villages'' and inserting ``Tribes, Alaska
Native villages, and, for the purpose of carrying out
paragraph (5), intertribal consortia or tribal
organizations,''; and
(B) in the second sentence, by striking ``The
grants'' and inserting ``Except as otherwise provided,
the grants''; and
(2) by adding at the end the following:
``(5) Training and operator certification.--
``(A) In general.--The Administrator may use funds
made available under this subsection and section
1442(e)(7) to make grants to intertribal consortia or
tribal organizations for the purpose of providing
operations and maintenance training and operator
certification services to Indian Tribes to enable public
water systems that serve Indian Tribes to achieve and
maintain compliance with applicable national primary
drinking water regulations.
``(B) Eligible tribal organizations.--Intertribal
consortia or tribal organizations eligible for a grant
under subparagraph (A) are intertribal consortia or
tribal organizations that--
``(i) as determined by the Administrator, are
the most qualified and experienced to provide
training and technical assistance to Indian
Tribes; and
``(ii) the Indian Tribes find to be the most
beneficial and effective.''.
SEC. 2113. MATERIALS REQUIREMENT FOR CERTAIN FEDERALLY FUNDED
PROJECTS.
Section 1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)) is amended by adding at the end the following:
``(4) American iron and steel products.--
``(A) In general.--During fiscal year 2017, funds
made available from a State loan fund established
pursuant to this section may not be used for a project
for the construction, alteration, or repair of a public
water system unless all of the iron and steel products
used in the project are produced in the United States.
``(B) Definition of iron and steel products.--In
this paragraph, the term `iron and steel products' means
the following products made primarily of iron or steel:
``(i) Lined or unlined pipes and fittings.
``(ii) Manhole covers and other municipal
castings.
``(iii) Hydrants.
``(iv) Tanks.
``(v) Flanges.
``(vi) Pipe clamps and restraints.
``(vii) Valves.
``(viii) Structural steel.
``(ix) Reinforced precast concrete.
``(x) Construction materials.
[[Page 130 STAT. 1731]]
``(C) Application.--Subparagraph (A) shall be waived
in any case or category of cases in which the
Administrator finds that--
``(i) applying subparagraph (A) would be
inconsistent with the public interest;
``(ii) iron and steel products are not
produced in the United States in sufficient and
reasonably available quantities and of a
satisfactory quality; or
``(iii) inclusion of iron and steel products
produced in the United States will increase the
cost of the overall project by more than 25
percent.
``(D) Waiver.--If the Administrator receives a
request for a waiver under this paragraph, the
Administrator shall make available to the public, on an
informal basis, a copy of the request and information
available to the Administrator concerning the request,
and shall allow for informal public input on the request
for at least 15 days prior to making a finding based on
the request. The Administrator shall make the request
and accompanying information available by electronic
means, including on the official public Internet site of
the Agency.
``(E) International agreements.--This paragraph
shall be applied in a manner consistent with United
States obligations under international agreements.
``(F) Management and oversight.--The Administrator
may retain up to 0.25 percent of the funds appropriated
for this section for management and oversight of the
requirements of this paragraph.
``(G) Effective date.--This paragraph does not apply
with respect to a project if a State agency approves the
engineering plans and specifications for the project, in
that agency's capacity to approve such plans and
specifications prior to a project requesting bids, prior
to the date of enactment of this paragraph.''.
Subtitle B--Drinking Water Disaster Relief and Infrastructure
Investments
SEC. 2201. <<NOTE: 42 USC 300j-12 note.>> DRINKING WATER
INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Eligible state.--The term ``eligible State'' means a
State for which the President has declared an emergency under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) relating to the public health
threats associated with the presence of lead or other
contaminants in drinking water provided by a public water
system.
(2) Eligible system.--The term ``eligible system'' means a
public water system that has been the subject of an emergency
declaration referred to in paragraph (1).
(3) Lead service line.--The term ``lead service line'' means
a pipe and its fittings, which are not lead free (as defined
under section 1417 of the Safe Drinking Water Act (42 U.S.C.
300g-6)), that connect the drinking water main to the building
inlet.
[[Page 130 STAT. 1732]]
(4) Public water system.--The term ``public water system''
has the meaning given such term in section 1401(4) of the Safe
Drinking Water Act (42 U.S.C. 300f(4)).
(b) State Revolving Loan Fund Assistance.--
(1) In general.--An eligible system shall be--
(A) considered to be a disadvantaged community under
section 1452(d) of the Safe Drinking Water Act (42
U.S.C. 300j-12(d)); and
(B) eligible to receive loans with additional
subsidization under section 1452(d)(1) of that Act (42
U.S.C. 300j-12(d)(1)), including forgiveness of
principal under that section.
(2) Authorization.--
(A) In general.--Using funds provided pursuant to
subsection (d), an eligible State may provide assistance
to an eligible system within the eligible State for the
purpose of addressing lead or other contaminants in
drinking water, including repair and replacement of lead
service lines and public water system infrastructure.
(B) Inclusion.--Assistance provided under
subparagraph (A) may include additional subsidization
under section 1452(d)(1) of the Safe Drinking Water Act
(42 U.S.C. 300j-12(d)(1)), as described in paragraph
(1)(B).
(C) Exclusion.--Assistance provided under
subparagraph (A) shall not include assistance for a
project that is financed (directly or indirectly), in
whole or in part, with proceeds of any obligation issued
after the date of enactment of this Act--
(i) the interest of which is exempt from the
tax imposed under chapter 1 of the Internal
Revenue Code of 1986; or
(ii) with respect to which credit is allowable
under subpart I or J of part IV of subchapter A of
chapter 1 of such Code.
(3) Inapplicability of limitation.--Section 1452(d)(2) of
the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(2)) shall not
apply to--
(A) any funds provided pursuant to subsection (d) of
this section;
(B) any other assistance provided to an eligible
system; or
(C) any funds required to match the funds provided
under subsection (d).
(c) Nonduplication of Work.--An activity carried out pursuant to
this section shall not duplicate the work or activity of any other
Federal or State department or agency.
(d) Additional Drinking Water State Revolving Fund Capitalization
Grants.--
(1) In general.--There is authorized to be appropriated to
the Administrator a total of $100,000,000 to provide additional
capitalization grants to eligible States pursuant to section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12), to be
available for a period of 18 months beginning on the date on
which the funds are made available, for the purposes described
in subsection (b)(2), and after the end of the 18-month period,
until expended for the purposes described in paragraph (3).
[[Page 130 STAT. 1733]]
(2) Supplemented intended use plans.--From funds made
available under paragraph (1), the Administrator shall obligate
to an eligible State such amounts as are necessary to meet the
needs identified in a supplemented intended use plan for the
purposes described in subsection (b)(2) by not later than 30
days after the date on which the eligible State submits to the
Administrator a supplemented intended use plan under section
1452(b) of the Safe Drinking Water Act (42 U.S.C. 300j-12(b))
that includes preapplication information regarding projects to
be funded using the additional assistance, including, with
respect to each such project--
(A) a description of the project;
(B) an explanation of the means by which the project
will address a situation causing a declared emergency in
the eligible State;
(C) the estimated cost of the project; and
(D) the projected start date for construction of the
project.
(3) Unobligated amounts.--Any amounts made available to the
Administrator under paragraph (1) that are unobligated on the
date that is 18 months after the date on which the amounts are
made available shall be available to provide additional grants
to States to capitalize State loan funds as provided under
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12).
(4) Applicability.--
(A) Section 1452(b)(1) of the Safe Drinking Water
Act (42 U.S.C. 300j-12(b)(1)) shall not apply to a
supplement to an intended use plan under paragraph (2).
(B) Unless explicitly waived, all requirements under
the Safe Drinking Water Act (42 U.S.C. 300f et seq.)
shall apply to funding provided under this subsection.
(e) Health Effects Evaluation.--
(1) In general.--Pursuant to section 104(i)(1)(E) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604(i)(1)(E)), and on receipt
of a request of an appropriate State or local health official of
an eligible State, the Director of the Agency for Toxic
Substances and Disease Registry of the National Center for
Environmental Health shall in coordination with other agencies,
as appropriate, conduct voluntary surveillance activities to
evaluate any adverse health effects on individuals exposed to
lead from drinking water in the affected communities.
(2) Consultations.--Pursuant to section 104(i)(4) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604(i)(4)), and on receipt of
a request of an appropriate State or local health official of an
eligible State, the Director of the Agency for Toxic Substances
and Disease Registry of the National Center for Environmental
Health shall provide consultations regarding health issues
described in paragraph (1).
(f) No Effect on Other Projects.--This section shall not affect the
application of any provision of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3901 et seq.) or the Safe Drinking
Water Act (42 U.S.C. 300f et seq.) to any project that does not receive
assistance pursuant to this subtitle.
[[Page 130 STAT. 1734]]
SEC. 2202. SENSE OF CONGRESS.
It is the sense of Congress that secured loans under the Water
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et
seq.) shall be--
(1) initially appropriated at $20,000,000; and
(2) used for eligible projects, including those to address
lead and other contaminants in drinking water systems.
SEC. 2203. <<NOTE: 42 USC 300j-21.>> REGISTRY FOR LEAD EXPOSURE
AND ADVISORY COMMITTEE.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means a city exposed to lead
contamination in the local drinking water system.
(2) Committee.--The term ``Committee'' means the Advisory
Committee established under subsection (c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Lead Exposure Registry.--The Secretary shall establish within
the Agency for Toxic Substances and Disease Registry or the Centers for
Disease Control and Prevention at the discretion of the Secretary, or
establish through a grant award or contract, a lead exposure registry to
collect data on the lead exposure of residents of a City on a voluntary
basis.
(c) Advisory Committee.--
(1) Membership.--
(A) In general.--The Secretary shall establish,
within the Agency for Toxic Substances and Disease
Registry an Advisory Committee in coordination with the
Director of the Centers for Disease Control and
Prevention and other relevant agencies as determined by
the Secretary consisting of Federal members and non-
Federal members, and which shall include--
(i) an epidemiologist;
(ii) a toxicologist;
(iii) a mental health professional;
(iv) a pediatrician;
(v) an early childhood education expert;
(vi) a special education expert;
(vii) a dietician; and
(viii) an environmental health expert.
(B) Requirements.--Membership in the Committee shall
not exceed 15 members and not less than \1/2\ of the
members shall be Federal members.
(2) Chair.--The Secretary shall designate a chair from among
the Federal members appointed to the Committee.
(3) Terms.--Members of the Committee shall serve for a term
of not more than 3 years and the Secretary may reappoint members
for consecutive terms.
(4) Application of faca.--The Committee shall be subject to
the Federal Advisory Committee Act (5 U.S.C. App.).
(5) Responsibilities.--The Committee shall, at a minimum--
(A) review the Federal programs and services
available to individuals and communities exposed to
lead;
(B) review current research on lead poisoning to
identify additional research needs;
[[Page 130 STAT. 1735]]
(C) review and identify best practices, or the need
for best practices, regarding lead screening and the
prevention of lead poisoning;
(D) identify effective services, including services
relating to healthcare, education, and nutrition for
individuals and communities affected by lead exposure
and lead poisoning, including in consultation with, as
appropriate, the lead exposure registry as established
in subsection (b); and
(E) undertake any other review or activities that
the Secretary determines to be appropriate.
(6) Report.--Annually for 5 years and thereafter as
determined necessary by the Secretary or as required by
Congress, the Committee shall submit to the Secretary, the
Committees on Finance, Health, Education, Labor, and Pensions,
and Agriculture, Nutrition, and Forestry of the Senate and the
Committees on Education and the Workforce, Energy and Commerce,
and Agriculture of the House of Representatives a report that
includes--
(A) an evaluation of the effectiveness of the
Federal programs and services available to individuals
and communities exposed to lead;
(B) an evaluation of additional lead poisoning
research needs;
(C) an assessment of any effective screening methods
or best practices used or developed to prevent or screen
for lead poisoning;
(D) input and recommendations for improved access to
effective services relating to health care, education,
or nutrition for individuals and communities impacted by
lead exposure; and
(E) any other recommendations for communities
affected by lead exposure, as appropriate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated for the period of fiscal years 2017 through 2021--
(1) $17,500,000 to carry out subsection (b); and
(2) $2,500,000 to carry out subsection (c).
SEC. 2204. OTHER LEAD PROGRAMS.
(a) Childhood Lead Poisoning Prevention Program.--In addition to
amounts made available through the Prevention and Public Health Fund
established under section 4002 of Public Law 111-148 (42 U.S.C. 300u-11)
to carry out section 317A of the Public Health Service Act (42 U.S.C.
247b-1), there are authorized to be appropriated for the period of
fiscal years 2017 and 2018, $15,000,000 for carrying out such section
317A.
(b) Healthy Start Program.--There are authorized to be appropriated
for the period of fiscal years 2017 and 2018 $15,000,000 to carry out
the Healthy Start Initiative under section 330H of the Public Health
Service Act (42 U.S.C. 254c-8).
[[Page 130 STAT. 1736]]
Subtitle C--Control of Coal Combustion Residuals
SEC. 2301. APPROVAL OF STATE PROGRAMS FOR CONTROL OF COAL
COMBUSTION RESIDUALS.
Section 4005 of the Solid Waste Disposal Act (42 U.S.C. 6945) is
amended by adding at the end the following:
``(d) State Programs for Control of Coal Combustion Residuals.--
``(1) Approval by administrator.--
``(A) In general.--Each State may submit to the
Administrator, in such form as the Administrator may
establish, evidence of a permit program or other system
of prior approval and conditions under State law for
regulation by the State of coal combustion residuals
units that are located in the State that, after approval
by the Administrator, will operate in lieu of regulation
of coal combustion residuals units in the State by--
``(i) application of part 257 of title 40,
Code of Federal Regulations (or successor
regulations promulgated pursuant to sections
1008(a)(3) and 4004(a)); or
``(ii) implementation by the Administrator of
a permit program under paragraph (2)(B).
``(B) Requirement.--Not later than 180 days after
the date on which a State submits the evidence described
in subparagraph (A), the Administrator, after public
notice and an opportunity for public comment, shall
approve, in whole or in part, a permit program or other
system of prior approval and conditions submitted under
subparagraph (A) if the Administrator determines that
the program or other system requires each coal
combustion residuals unit located in the State to
achieve compliance with--
``(i) the applicable criteria for coal
combustion residuals units under part 257 of title
40, Code of Federal Regulations (or successor
regulations promulgated pursuant to sections
1008(a)(3) and 4004(a)); or
``(ii) such other State criteria that the
Administrator, after consultation with the State,
determines to be at least as protective as the
criteria described in clause (i).
``(C) Permit requirements.--The Administrator shall
approve under subparagraph (B)(ii) a State permit
program or other system of prior approval and conditions
that allows a State to include technical standards for
individual permits or conditions of approval that differ
from the criteria under part 257 of title 40, Code of
Federal Regulations (or successor regulations
promulgated pursuant to sections 1008(a)(3) and 4004(a))
if, based on site-specific conditions, the Administrator
determines that the technical standards established
pursuant to a State permit program or other system are
at least as protective as the criteria under that part.
``(D) Program review and notification.--
[[Page 130 STAT. 1737]]
``(i) Program review.--The Administrator shall
review a State permit program or other system of
prior approval and conditions that is approved
under subparagraph (B)--
``(I) from time to time, as the
Administrator determines necessary, but
not less frequently than once every 12
years;
``(II) not later than 3 years after
the date on which the Administrator
revises the applicable criteria for coal
combustion residuals units under part
257 of title 40, Code of Federal
Regulations (or successor regulations
promulgated pursuant to sections
1008(a)(3) and 4004(a));
``(III) not later than 1 year after
the date of a significant release (as
defined by the Administrator), that was
not authorized at the time the release
occurred, from a coal combustion
residuals unit located in the State; and
``(IV) on request of any other State
that asserts that the soil, groundwater,
or surface water of the State is or is
likely to be adversely affected by a
release or potential release from a coal
combustion residuals unit located in the
State for which the program or other
system was approved.
``(ii) Notification and opportunity for a
public hearing.--The Administrator shall provide
to a State notice of deficiencies with respect to
the permit program or other system of prior
approval and conditions of the State that is
approved under subparagraph (B), and an
opportunity for a public hearing, if the
Administrator determines that--
``(I) a revision or correction to
the permit program or other system of
prior approval and conditions of the
State is necessary to ensure that the
permit program or other system of prior
approval and conditions continues to
ensure that each coal combustion
residuals unit located in the State
achieves compliance with the criteria
described in clauses (i) and (ii) of
subparagraph (B);
``(II) the State has not implemented
an adequate permit program or other
system of prior approval and conditions
that requires each coal combustion
residuals unit located in the State to
achieve compliance with the criteria
described in subparagraph (B); or
``(III) the State has, at any time,
approved or failed to revoke a permit
for a coal combustion residuals unit, a
release from which adversely affects or
is likely to adversely affect the soil,
groundwater, or surface water of another
State.
``(E) Withdrawal.--
``(i) In general.--The Administrator shall
withdraw approval of a State permit program or
other system of prior approval and conditions if,
after the Administrator provides notice and an
opportunity for a public hearing to the relevant
State under subparagraph (D)(ii), the
Administrator determines that the
[[Page 130 STAT. 1738]]
State has not corrected the deficiencies
identified by the Administrator under subparagraph
(D)(ii).
``(ii) Reinstatement of state approval.--Any
withdrawal of approval under clause (i) shall
cease to be effective on the date on which the
Administrator makes a determination that the State
has corrected the deficiencies identified by the
Administrator under subparagraph (D)(ii).
``(2) Nonparticipating states.--
``(A) Definition of nonparticipating state.--In this
paragraph, the term `nonparticipating State' means a
State--
``(i) for which the Administrator has not
approved a State permit program or other system of
prior approval and conditions under paragraph
(1)(B);
``(ii) the Governor of which has not submitted
to the Administrator for approval evidence to
operate a State permit program or other system of
prior approval and conditions under paragraph
(1)(A);
``(iii) the Governor of which provides notice
to the Administrator that, not fewer than 90 days
after the date on which the Governor provides the
notice to the Administrator, the State will
relinquish an approval under paragraph (1)(B) to
operate a permit program or other system of prior
approval and conditions; or
``(iv) for which the Administrator has
withdrawn approval for a permit program or other
system of prior approval and conditions under
paragraph (1)(E).
``(B) Implementation of permit program.--In the case
of a nonparticipating State and subject to the
availability of appropriations specifically provided in
an appropriations Act to carry out a program in a
nonparticipating State, the Administrator shall
implement a permit program to require each coal
combustion residuals unit located in the
nonparticipating State to achieve compliance with
applicable criteria established by the Administrator
under part 257 of title 40, Code of Federal Regulations
(or successor regulations promulgated pursuant to
sections 1008(a)(3) and 4004(a)).
``(3) Applicability of criteria.--The applicable criteria
for coal combustion residuals units under part 257 of title 40,
Code of Federal Regulations (or successor regulations
promulgated pursuant to sections 1008(a)(3) and 4004(a)), shall
apply to each coal combustion residuals unit in a State unless--
``(A) a permit under a State permit program or other
system of prior approval and conditions approved by the
Administrator under paragraph (1)(B) is in effect for
the coal combustion residuals unit; or
``(B) a permit issued by the Administrator in a
State in which the Administrator is implementing a
permit program under paragraph (2)(B) is in effect for
the coal combustion residuals unit.
``(4) Prohibition on open dumping.--
``(A) In general.--The Administrator may use the
authority provided by sections 3007 and 3008 to enforce
[[Page 130 STAT. 1739]]
the prohibition on open dumping under subsection (a)
with respect to a coal combustion residuals unit--
``(i) in a nonparticipating State (as defined
in paragraph (2)); and
``(ii) located in a State that is approved to
operate a permit program or other system of prior
approval and conditions under paragraph (1)(B), in
accordance with subparagraph (B) of this
paragraph.
``(B) Federal enforcement in an approved state.--
``(i) In general.--In the case of a coal
combustion residuals unit located in a State that
is approved to operate a permit program or other
system of prior approval and conditions under
paragraph (1)(B), the Administrator may commence
an administrative or judicial enforcement action
under section 3008 if--
``(I) the State requests that the
Administrator provide assistance in the
performance of an enforcement action; or
``(II) after consideration of any
other administrative or judicial
enforcement action involving the coal
combustion residuals unit, the
Administrator determines that an
enforcement action is likely to be
necessary to ensure that the coal
combustion residuals unit is operating
in accordance with the criteria
established under the permit program or
other system of prior approval and
conditions.
``(ii) Notification.--In the case of an
enforcement action by the Administrator under
clause (i)(II), before issuing an order or
commencing a civil action, the Administrator shall
notify the State in which the coal combustion
residuals unit is located.
``(iii) Annual report to congress.--
``(I) In general.--Subject to
subclause (II), not later than December
31, 2017, and December 31 of each year
thereafter, the Administrator shall
submit to the Committee on Environment
and Public Works of the Senate and the
Committee on Energy and Commerce of the
House of Representatives a report that
describes any enforcement action
commenced under clause (i), including a
description of the basis for the
enforcement action.
``(II) Applicability.--Subclause (I)
shall not apply for any calendar year
during which the Administrator does not
commence an enforcement action under
clause (i).
``(5) Indian country.--The Administrator shall establish and
carry out a permit program, in accordance with this subsection,
for coal combustion residuals units in Indian country (as
defined in section 1151 of title 18, United States Code) to
require each coal combustion residuals unit located in Indian
country to achieve compliance with the applicable criteria
established by the Administrator under part 257 of title 40,
Code of Federal Regulations (or successor regulations
promulgated pursuant to sections 1008(a)(3) and 4004(a)).
``(6) Treatment of coal combustion residuals units.--A coal
combustion residuals unit shall be considered to be
[[Page 130 STAT. 1740]]
a sanitary landfill for purposes of this Act, including
subsection (a), only if the coal combustion residuals unit is
operating in accordance with--
``(A) the requirements of a permit issued by--
``(i) the State in accordance with a program
or system approved under paragraph (1)(B); or
``(ii) the Administrator pursuant to paragraph
(2)(B) or paragraph (5); or
``(B) the applicable criteria for coal combustion
residuals units under part 257 of title 40, Code of
Federal Regulations (or successor regulations
promulgated pursuant to sections 1008(a)(3) and
4004(a)).
``(7) Effect of subsection.--Nothing in this subsection
affects any authority, regulatory determination, other law, or
legal obligation in effect on the day before the date of
enactment of the Water and Waste Act of 2016.''.
TITLE III--NATURAL RESOURCES
Subtitle A--Indian Dam Safety
SEC. 3101. <<NOTE: 25 USC 3805.>> INDIAN DAM SAFETY.
(a) Definitions.--In this section:
(1) Dam.--
(A) In general.--The term ``dam'' has the meaning
given the term in section 2 of the National Dam Safety
Program Act (33 U.S.C. 467).
(B) Inclusions.--The term ``dam'' includes any
structure, facility, equipment, or vehicle used in
connection with the operation of a dam.
(2) Fund.--The term ``Fund'' means, as applicable--
(A) the High-Hazard Indian Dam Safety Deferred
Maintenance Fund established by subsection (b)(1)(A); or
(B) the Low-Hazard Indian Dam Safety Deferred
Maintenance Fund established by subsection (b)(2)(A).
(3) High hazard potential dam.--The term ``high hazard
potential dam'' means a dam assigned to the significant or high
hazard potential classification under the guidelines published
by the Federal Emergency Management Agency entitled ``Federal
Guidelines for Dam Safety: Hazard Potential Classification
System for Dams'' (FEMA Publication Number 333).
(4) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(5) Low hazard potential dam.--The term ``low hazard
potential dam'' means a dam assigned to the low hazard potential
classification under the guidelines published by the Federal
Emergency Management Agency entitled ``Federal Guidelines for
Dam Safety: Hazard Potential Classification System for Dams''
(FEMA Publication Number 333).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Assistant Secretary for
Indian Affairs, in consultation with the Secretary of the Army.
(b) Indian Dam Safety Deferred Maintenance Funds.--
(1) High-hazard fund.--
[[Page 130 STAT. 1741]]
(A) Establishment.--There is established in the
Treasury of the United States a fund, to be known as the
``High-Hazard Indian Dam Safety Deferred Maintenance
Fund'', consisting of--
(i) such amounts as are deposited in the Fund
under subparagraph (B); and
(ii) any interest earned on investment of
amounts in the Fund under subparagraph (D).
(B) Deposits to fund.--
(i) In general.--For each of fiscal years 2017
through 2023, the Secretary of the Treasury shall
deposit in the Fund $22,750,000 from the general
fund of the Treasury.
(ii) Availability of amounts.--Amounts
deposited in the Fund under clause (i) shall be
used, subject to appropriation, to carry out this
section.
(C) Expenditures from fund.--
(i) In general.--Subject to clause (ii), for
each of fiscal years 2017 through 2023, the
Secretary may, to the extent provided in advance
in appropriations Acts, expend from the Fund, in
accordance with this section, not more than the
sum of--
(I) $22,750,000; and
(II) the amount of interest accrued
in the Fund.
(ii) Additional expenditures.--The Secretary
may expend more than $22,750,000 for any fiscal
year referred to in clause (i) if the additional
amounts are available in the Fund as a result of a
failure of the Secretary to expend all of the
amounts available under clause (i) in 1 or more
prior fiscal years.
(D) Investments of amounts.--
(i) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not,
in the judgment of the Secretary, required to meet
current withdrawals.
(ii) Credits to fund.--The interest on, and
the proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to,
and form a part of, the Fund.
(E) Transfers of amounts.--
(i) In general.--The amounts required to be
transferred to the Fund under this paragraph shall
be transferred at least monthly.
(ii) Adjustments.--Proper adjustment shall be
made in amounts subsequently transferred to the
extent prior estimates are in excess of or less
than the amounts required to be transferred.
(F) Termination.--On September 30, 2023--
(i) the Fund shall terminate; and
(ii) the unexpended and unobligated balance of
the Fund shall be transferred to the general fund
of the Treasury.
(2) Low-hazard fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund, to be known as
[[Page 130 STAT. 1742]]
the ``Low-Hazard Indian Dam Safety Deferred Maintenance
Fund'', consisting of--
(i) such amounts as are deposited in the Fund
under subparagraph (B); and
(ii) any interest earned on investment of
amounts in the Fund under subparagraph (D).
(B) Deposits to fund.--
(i) In general.--For each of fiscal years 2017
through 2023, the Secretary of the Treasury shall
deposit in the Fund $10,000,000 from the general
fund of the Treasury.
(ii) Availability of amounts.--Amounts
deposited in the Fund under clause (i) shall be
used, subject to appropriation, to carry out this
section.
(C) Expenditures from fund.--
(i) In general.--Subject to clause (ii), for
each of fiscal years 2017 through 2023, the
Secretary may, to the extent provided in advance
in appropriations Acts, expend from the Fund, in
accordance with this section, not more than the
sum of--
(I) $10,000,000; and
(II) the amount of interest accrued
in the Fund.
(ii) Additional expenditures.--The Secretary
may expend more than $10,000,000 for any fiscal
year referred to in clause (i) if the additional
amounts are available in the Fund as a result of a
failure of the Secretary to expend all of the
amounts available under clause (i) in 1 or more
prior fiscal years.
(D) Investments of amounts.--
(i) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not,
in the judgment of the Secretary, required to meet
current withdrawals.
(ii) Credits to fund.--The interest on, and
the proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to,
and form a part of, the Fund.
(E) Transfers of amounts.--
(i) In general.--The amounts required to be
transferred to the Fund under this paragraph shall
be transferred at least monthly.
(ii) Adjustments.--Proper adjustment shall be
made in amounts subsequently transferred to the
extent prior estimates are in excess of or less
than the amounts required to be transferred.
(F) Termination.--On September 30, 2023--
(i) the Fund shall terminate; and
(ii) the unexpended and unobligated balance of
the Fund shall be transferred to the general fund
of the Treasury.
(c) Repair, Replacement, and Maintenance of Certain Indian Dams.--
(1) Program establishment.--
(A) In general.--The Secretary shall establish a
program to address the deferred maintenance needs of
Indian dams that--
[[Page 130 STAT. 1743]]
(i) create flood risks or other risks to
public or employee safety or natural or cultural
resources; and
(ii) unduly impede the management and
efficiency of Indian dams.
(B) Funding.--
(i) High-hazard fund.--Consistent with
subsection (b)(1)(B), the Secretary shall use or
transfer to the Bureau of Indian Affairs not less
than $22,750,000 of amounts in the High-Hazard
Indian Dam Safety Deferred Maintenance Fund, plus
accrued interest, for each of fiscal years 2017
through 2023 to carry out maintenance, repair, and
replacement activities for 1 or more of the Indian
dams described in paragraph (2)(A).
(ii) Low-hazard fund.--Consistent with
subsection (b)(2)(B), the Secretary shall use or
transfer to the Bureau of Indian Affairs not less
than $10,000,000 of amounts in the Low-Hazard
Indian Dam Safety Deferred Maintenance Fund, plus
accrued interest, for each of fiscal years 2017
through 2023 to carry out maintenance, repair, and
replacement activities for 1 or more of the Indian
dams described in paragraph (2)(B).
(C) Compliance with dam safety policies.--
Maintenance, repair, and replacement activities for
Indian dams under this section shall be carried out in
accordance with the dam safety policies of the Director
of the Bureau of Indian Affairs established to carry out
the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et
seq.).
(2) Eligible dams.--
(A) High hazard potential dams.--The dams eligible
for funding under paragraph (1)(B)(i) are Indian high
hazard potential dams in the United States that--
(i) are included in the safety of dams program
established pursuant to the Indian Dams Safety Act
of 1994 (25 U.S.C. 3801 et seq.); and
(iii)(I)(aa) are owned by the Federal
Government, as listed in the Federal inventory
required by Executive Order 13327 (40 U.S.C. 121
note; relating to Federal real property asset
management); and
(bb) are managed by the Bureau of Indian
Affairs (including dams managed under contracts or
compacts pursuant to the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5301 et
seq.)); or
(II) have deferred maintenance documented by
the Bureau of Indian Affairs.
(B) Low hazard potential dams.--The dams eligible
for funding under paragraph (1)(B)(ii) are Indian low
hazard potential dams in the United States that, on the
date of enactment of this Act--
(i) are covered under the Indian Dams Safety
Act of 1994 (25 U.S.C. 3801 et seq.); and
(ii)(I)(aa) are owned by the Federal
Government, as listed in the Federal inventory
required by Executive Order 13327 (40 U.S.C. 121
note; relating to Federal real property asset
management); and
[[Page 130 STAT. 1744]]
(bb) are managed by the Bureau of Indian
Affairs (including dams managed under contracts or
compacts pursuant to the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5301 et
seq.)); or
(II) have deferred maintenance documented by
the Bureau of Indian Affairs.
(3) Requirements and conditions.--Not later than 120 days
after the date of enactment of this Act and as a precondition to
amounts being expended from the Fund to carry out this
subsection, the Secretary, in consultation with representatives
of affected Indian tribes, shall develop and submit to
Congress--
(A) programmatic goals to carry out this subsection
that--
(i) would enable the completion of repairing,
replacing, improving, or performing maintenance on
Indian dams as expeditiously as practicable,
subject to the dam safety policies of the Director
of the Bureau of Indian Affairs established to
carry out the Indian Dams Safety Act of 1994 (25
U.S.C. 3801 et seq.);
(ii) facilitate or improve the ability of the
Bureau of Indian Affairs to carry out the mission
of the Bureau of Indian Affairs in operating an
Indian dam; and
(iii) ensure that the results of government-
to-government consultation required under
paragraph (4) be addressed; and
(B) funding prioritization criteria to serve as a
methodology for distributing funds under this subsection
that take into account--
(i) the extent to which deferred maintenance
of Indian dams poses a threat to--
(I) public or employee safety or
health;
(II) natural or cultural resources;
or
(III) the ability of the Bureau of
Indian Affairs to carry out the mission
of the Bureau of Indian Affairs in
operating an Indian dam;
(ii) the extent to which repairing, replacing,
improving, or performing maintenance on an Indian
dam will--
(I) improve public or employee
safety, health, or accessibility;
(II) assist in compliance with
codes, standards, laws, or other
requirements;
(III) address unmet needs; or
(IV) assist in protecting natural or
cultural resources;
(iii) the methodology of the rehabilitation
priority index of the Secretary, as in effect on
the date of enactment of this Act;
(iv) the potential economic benefits of the
expenditures on job creation and general economic
development in the affected tribal communities;
(v) the ability of an Indian dam to address
tribal, regional, and watershed level flood
prevention needs;
[[Page 130 STAT. 1745]]
(vi) the need to comply with the dam safety
policies of the Director of the Bureau of Indian
Affairs established to carry out the Indian Dams
Safety Act of 1994 (25 U.S.C. 3801 et seq.);
(vii) the ability of the water storage
capacity of an Indian dam to be increased to
prevent flooding in downstream tribal and
nontribal communities; and
(viii) such other factors as the Secretary
determines to be appropriate to prioritize the use
of available funds that are, to the fullest extent
practicable, consistent with tribal and user
recommendations received pursuant to the
consultation and input process under paragraph
(4).
(4) Tribal consultation and user input.--
(A) In general.--Except as provided in subparagraph
(B), before expending funds on an Indian dam pursuant to
paragraph (1) and not later than 60 days after the date
of enactment of this Act, the Secretary shall--
(i) consult with the Director of the Bureau of
Indian Affairs on the expenditure of funds;
(ii) ensure that the Director of the Bureau of
Indian Affairs advises the Indian tribe that has
jurisdiction over the land on which a dam eligible
to receive funding under paragraph (2) is located
on the expenditure of funds; and
(iii) solicit and consider the input,
comments, and recommendations of the landowners
served by the Indian dam.
(B) Emergencies.--If the Secretary determines that
an emergency circumstance exists with respect to an
Indian dam, subparagraph (A) shall not apply with
respect to that Indian dam.
(5) Allocation among dams.--
(A) In general.--Subject to subparagraph (B), to the
maximum extent practicable, the Secretary shall ensure
that, for each of fiscal years 2017 through 2023, each
Indian dam eligible for funding under paragraph (2) that
has critical maintenance needs receives part of the
funding under paragraph (1) to address critical
maintenance needs.
(B) Priority.--In allocating amounts under paragraph
(1)(B), in addition to considering the funding
priorities described in paragraph (3), the Secretary
shall give priority to Indian dams eligible for funding
under paragraph (2) that serve--
(i) more than 1 Indian tribe within an Indian
reservation; or
(ii) highly populated Indian communities, as
determined by the Secretary.
(C) Cap on funding.--
(i) In general.--Subject to clause (ii), in
allocating amounts under paragraph (1)(B), the
Secretary shall allocate not more than $10,000,000
to any individual dam described in paragraph (2)
during any consecutive 3-year period.
(ii) Exception.--Notwithstanding the cap
described in clause (i), if the full amount under
paragraph (1)(B) cannot be fully allocated to
eligible Indian
[[Page 130 STAT. 1746]]
dams because the costs of the remaining activities
authorized in paragraph (1)(B) of an Indian dam
would exceed the cap described in clause (i), the
Secretary may allocate the remaining funds to
eligible Indian dams in accordance with this
subsection.
(D) Basis of funding.--Any amounts made available
under this paragraph shall be nonreimbursable.
(E) Applicability of isdeaa.--The Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5301 et seq.) shall apply to activities carried out
under this paragraph.
(d) Tribal Safety of Dams Committee.--
(1) Establishment of committee.--
(A) Establishment.--The Secretary of the Interior
shall establish within the Bureau of Indian Affairs the
Tribal Safety of Dams Committee (referred to in this
paragraph as the ``Committee'').
(B) Membership.--
(i) Composition.--The Committee shall be
composed of 15 members, of whom--
(I) 11 shall be appointed by the
Secretary of the Interior from among
individuals who, to the maximum extent
practicable, have knowledge and
expertise in dam safety issues and flood
prevention and mitigation, of whom not
less than 1 shall be a member of an
Indian tribe in each of the Bureau of
Indian Affairs regions of--
(aa) the Northwest Region;
(bb) the Pacific Region;
(cc) the Western Region;
(dd) the Navajo Region;
(ee) the Southwest Region;
(ff) the Rocky Mountain
Region;
(gg) the Great Plans Region;
and
(hh) the Midwest Region;
(II) 2 shall be appointed by the
Secretary of the Interior from among
employees of the Bureau of Indian
Affairs who have knowledge and expertise
in dam safety issues and flood
prevention and mitigation;
(III) 1 shall be appointed by the
Secretary of the Interior from among
employees of the Bureau of Reclamation
who have knowledge and expertise in dam
safety issues and flood prevention and
mitigation; and
(IV) 1 shall be appointed by the
Secretary of the Army from among
employees of the Corps of Engineers who
have knowledge and expertise in dam
safety issues and flood prevention and
mitigation.
(ii) Nonvoting members.--The members of the
Committee appointed under subclauses (II) and
(III) of clause (i) shall be nonvoting members.
(iii) Date.--The appointments of the members
of the Committee shall be made as soon as
practicable after the date of enactment of this
Act.
[[Page 130 STAT. 1747]]
(C) Period of appointment.--Members shall be
appointed for the life of the Committee.
(D) Vacancies.--Any vacancy in the Committee shall
not affect the powers of the Committee, but shall be
filled in the same manner as the original appointment.
(E) Initial meeting.--Not later than 30 days after
the date on which all members of the Committee have been
appointed, the Committee shall hold the first meeting.
(F) Meetings.--The Committee shall meet at the call
of the Chairperson.
(G) Quorum.--A majority of the members of the
Committee shall constitute a quorum, but a lesser number
of members may hold hearings.
(H) Chairperson and vice chairperson.--The Committee
shall select a Chairperson and Vice Chairperson from
among the members.
(2) Duties of the committee.--
(A) Study.--The Committee shall conduct a thorough
study of all matters relating to the modernization of
the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et
seq.).
(B) Recommendations.--The Committee shall develop
recommendations for legislation to improve the Indian
Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.).
(C) Report.--Not later than 1 year after the date on
which the Committee holds the first meeting, the
Committee shall submit a report containing a detailed
statement of the findings and conclusions of the
Committee, together with recommendations for legislation
that the Committee considers appropriate, to--
(i) the Committee on Indian Affairs of the
Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(3) Powers of the committee.--
(A) Hearings.--The Committee may hold such hearings,
sit and act at such times and places, take such
testimony, and receive such evidence as the Committee
considers appropriate to carry out this paragraph.
(B) Information from federal agencies.--
(i) In general.--The Committee may secure
directly from any Federal department or agency
such information as the Committee considers
necessary to carry out this paragraph.
(ii) Request.--On request of the Chairperson
of the Committee, the head of any Federal
department or agency shall furnish information
described in clause (i) to the Committee.
(C) Postal services.--The Committee may use the
United States mails in the same manner and under the
same conditions as other departments and agencies of the
Federal Government.
(D) Gifts.--The Committee may accept, use, and
dispose of gifts or donations of services or property.
(4) Committee personnel matters.--
(A) Compensation of members.--
(i) Non-federal members.--Each member of the
Committee who is not an officer or employee of the
[[Page 130 STAT. 1748]]
Federal Government shall be compensated at a rate
equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel
time) during which the member is engaged in the
performance of the duties of the Committee.
(ii) Federal members.--Each member of the
Committee who is an officer or employee of the
Federal Government shall serve without
compensation in addition to that received for
services as an officer or employee of the Federal
Government.
(B) Travel expenses.--The members of the Committee
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the Committee.
(C) Staff.--
(i) In general.--
(I) Appointment.--The Chairperson of
the Committee may, without regard to the
civil service laws and regulations,
appoint and terminate an executive
director and such other additional
personnel as may be necessary to enable
the Committee to perform the duties of
the Committee.
(II) Confirmation.--The employment
of an executive director shall be
subject to confirmation by the
Committee.
(ii) Compensation.--The Chairperson of the
Committee may fix the compensation of the
executive director and other personnel without
regard to chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule
pay rates, except that the rate of pay for the
executive director and other personnel may not
exceed the rate payable for level V of the
Executive Schedule under section 5316 of that
title.
(D) Detail of government employees.--Any Federal
Government employee may be detailed to the Committee
without reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
(E) Procurement of temporary and intermittent
services.--The Chairperson of the Committee may procure
temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for
individuals that do not exceed the daily equivalent of
the annual rate of basic pay prescribed for level V of
the Executive Schedule under section 5316 of that title.
(5) Termination of the committee.--The Committee shall
terminate 90 days after the date on which the Committee submits
the report under paragraph (2)(C).
(6) Funding.--Of the amounts authorized to be expended from
either Fund, $1,000,000 shall be made available from either Fund
during fiscal year 2017 to carry out this subsection, to remain
available until expended.
[[Page 130 STAT. 1749]]
(e) Indian Dam Surveys.--
(1) Tribal reports.--The Secretary shall request that, not
less frequently than once every 180 days, each Indian tribe
submit to the Secretary a report providing an inventory of the
dams located on the land of the Indian tribe.
(2) BIA reports.--Not less frequently than once each year,
the Secretary shall submit to Congress a report describing the
condition of each dam under the partial or total jurisdiction of
the Secretary.
(f) Flood Plain Management Pilot Program.--
(1) Establishment.--The Secretary shall establish, within
the Bureau of Indian Affairs, a flood plain management pilot
program (referred to in this subsection as the ``program'') to
provide, at the request of an Indian tribe, guidance to the
Indian tribe relating to best practices for the mitigation and
prevention of floods, including consultation with the Indian
tribe on--
(A) flood plain mapping; or
(B) new construction planning.
(2) Termination.--The program shall terminate on the date
that is 4 years after the date of enactment of this Act.
(3) Funding.--Of the amounts authorized to be expended from
either Fund, $250,000 shall be made available from either Fund
during each of fiscal years 2017, 2018, and 2019 to carry out
this subsection, to remain available until expended.
Subtitle B--Irrigation Rehabilitation and Renovation for Indian Tribal
Governments and Their Economies
SEC. 3201. DEFINITIONS.
In this subtitle:
(1) Deferred maintenance.--The term ``deferred maintenance''
means any maintenance activity that was delayed to a future
date, in lieu of being carried out at the time at which the
activity was scheduled to be, or otherwise should have been,
carried out.
(2) Fund.--The term ``Fund'' means the Indian Irrigation
Fund established by section 3211.
(3) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
PART I--INDIAN IRRIGATION FUND
SEC. 3211. ESTABLISHMENT.
There is established in the Treasury of the United States a fund, to
be known as the ``Indian Irrigation Fund'', consisting of--
(1) such amounts as are deposited in the Fund under section
3212; and
(2) any interest earned on investment of amounts in the Fund
under section 3214.
[[Page 130 STAT. 1750]]
SEC. 3212. DEPOSITS TO FUND.
(a) In General.--For each of fiscal years 2017 through 2021, the
Secretary of the Treasury shall deposit in the Fund $35,000,000 from the
general fund of the Treasury.
(b) Availability of Amounts.--Amounts deposited in the Fund under
subsection (a) shall be used, subject to appropriation, to carry out
this subtitle.
SEC. 3213. EXPENDITURES FROM FUND.
(a) In General.--Subject to subsection (b), for each of fiscal years
2017 through 2021, the Secretary may, to the extent provided in advance
in appropriations Acts, expend from the Fund, in accordance with this
subtitle, not more than the sum of--
(1) $35,000,000; and
(2) the amount of interest accrued in the Fund.
(b) Additional Expenditures.--The Secretary may expend more than
$35,000,000 for any fiscal year referred to in subsection (a) if the
additional amounts are available in the Fund as a result of a failure of
the Secretary to expend all of the amounts available under subsection
(a) in 1 or more prior fiscal years.
SEC. 3214. INVESTMENTS OF AMOUNTS.
(a) In General.--The Secretary of the Treasury shall invest such
portion of the Fund as is not, in the judgment of the Secretary,
required to meet current withdrawals.
(b) Credits to Fund.--The interest on, and the proceeds from the
sale or redemption of, any obligations held in the Fund shall be
credited to, and form a part of, the Fund.
SEC. 3215. TRANSFERS OF AMOUNTS.
(a) In General.--The amounts required to be transferred to the Fund
under this part shall be transferred at least monthly from the general
fund of the Treasury to the Fund on the basis of estimates made by the
Secretary of the Treasury.
(b) Adjustments.--Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates are in excess of
or less than the amounts required to be transferred.
SEC. 3216. TERMINATION.
On September 30, 2021--
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund shall
be transferred to the general fund of the Treasury.
PART II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN
IRRIGATION PROJECTS
SEC. 3221. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN
IRRIGATION PROJECTS.
(a) In General.--The Secretary shall establish a program to address
the deferred maintenance needs and water storage needs of Indian
irrigation projects that--
(1) create risks to public or employee safety or natural or
cultural resources; and
(2) unduly impede the management and efficiency of the
Indian irrigation program.
[[Page 130 STAT. 1751]]
(b) Funding.--Consistent with section 3213, the Secretary shall use
or transfer to the Bureau of Indian Affairs not less than $35,000,000 of
amounts in the Fund, plus accrued interest, for each of fiscal years
2017 through 2021 to carry out maintenance, repair, and replacement
activities for 1 or more of the Indian irrigation projects described in
section 3222 (including any structures, facilities, equipment,
personnel, or vehicles used in connection with the operation of those
projects), subject to the condition that the funds expended under this
part shall not be--
(1) subject to reimbursement by the owners of the land
served by the Indian irrigation projects; or
(2) assessed as debts or liens against the land served by
the Indian irrigation projects.
SEC. 3222. ELIGIBLE PROJECTS.
The projects eligible for funding under section 3221(b) are the
Indian irrigation projects in the western United States that, on the
date of enactment of this Act--
(1) are owned by the Federal Government, as listed in the
Federal inventory required by Executive Order 13327 (40 U.S.C.
121 note; relating to Federal real property asset management);
(2) are managed and operated by the Bureau of Indian Affairs
(including projects managed, operated, or maintained under
contracts or compacts pursuant to the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5301 et seq.); and
(3) have deferred maintenance documented by the Bureau of
Indian Affairs.
SEC. 3223. REQUIREMENTS AND CONDITIONS.
Not later than 120 days after the date of enactment of this Act and
as a precondition to amounts being expended from the Fund to carry out
this part, the Secretary, in consultation with the Assistant Secretary
for Indian Affairs and representatives of affected Indian tribes, shall
develop and submit to Congress--
(1) programmatic goals to carry out this part that--
(A) would enable the completion of repairing,
replacing, modernizing, or performing maintenance on
projects as expeditiously as practicable;
(B) facilitate or improve the ability of the Bureau
of Indian Affairs to carry out the mission of the Bureau
of Indian Affairs in operating a project;
(C) ensure that the results of government-to-
government consultation required under section 3225 be
addressed; and
(D) would facilitate the construction of new water
storage using non-Federal contributions to address
tribal, regional, and watershed-level supply needs; and
(2) funding prioritization criteria to serve as a
methodology for distributing funds under this part, that take
into account--
(A) the extent to which deferred maintenance of
qualifying irrigation projects poses a threat to public
or employee safety or health;
(B) the extent to which deferred maintenance poses a
threat to natural or cultural resources;
(C) the extent to which deferred maintenance poses a
threat to the ability of the Bureau of Indian Affairs
[[Page 130 STAT. 1752]]
to carry out the mission of the Bureau of Indian Affairs
in operating the project;
(D) the extent to which repairing, replacing,
modernizing, or performing maintenance on a facility or
structure will--
(i) improve public or employee safety, health,
or accessibility;
(ii) assist in compliance with codes,
standards, laws, or other requirements;
(iii) address unmet needs; and
(iv) assist in protecting natural or cultural
resources;
(E) the methodology of the rehabilitation priority
index of the Secretary, as in effect on the date of
enactment of this Act;
(F) the potential economic benefits of the
expenditures on job creation and general economic
development in the affected tribal communities;
(G) the ability of the qualifying project to address
tribal, regional, and watershed level water supply
needs; and
(H) such other factors as the Secretary determines
to be appropriate to prioritize the use of available
funds that are, to the fullest extent practicable,
consistent with tribal and user recommendations received
pursuant to the consultation and input process under
section 3225.
SEC. 3224. STUDY OF INDIAN IRRIGATION PROGRAM AND PROJECT
MANAGEMENT.
(a) Tribal Consultation and User Input.--Before beginning to conduct
the study required under subsection (b), the Secretary shall--
(1) consult with the Indian tribes that have jurisdiction
over the land on which an irrigation project eligible to receive
funding under section 3222 is located; and
(2) solicit and consider the input, comments, and
recommendations of--
(A) the landowners served by the irrigation project;
and
(B) irrigators from adjacent irrigation districts.
(b) Study.--Not later than 2 years after the date of enactment of
this Act, the Secretary, acting through the Assistant Secretary for
Indian Affairs, shall complete a study that evaluates options for
improving programmatic and project management and performance of
irrigation projects managed and operated in whole or in part by the
Bureau of Indian Affairs.
(c) Report.--On completion of the study under subsection (b), the
Secretary, acting through the Assistant Secretary for Indian Affairs,
shall submit to the Committee on Indian Affairs of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that--
(1) describes the results of the study;
(2) determines the cost to financially sustain each project;
(3) recommends whether management of each project could be
improved by transferring management responsibilities to other
Federal agencies or water user groups; and
[[Page 130 STAT. 1753]]
(4) includes recommendations for improving programmatic and
project management and performance--
(A) in each qualifying project area; and
(B) for the program as a whole.
(d) Status Report.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than every 2 years
thereafter (until the end of fiscal year 2021), the Secretary, acting
through the Assistant Secretary for Indian Affairs, shall submit to the
Committee on Indian Affairs of the Senate and the Committee on Natural
Resources of the House of Representatives a report that includes a
description of--
(1) the progress made toward addressing the deferred
maintenance needs of the Indian irrigation projects described in
section 3222, including a list of projects funded during the
fiscal period covered by the report;
(2) the outstanding needs of those projects that have been
provided funding to address the deferred maintenance needs
pursuant to this part;
(3) the remaining needs of any of those projects;
(4) how the goals established pursuant to section 3223 have
been met, including--
(A) an identification and assessment of any
deficiencies or shortfalls in meeting those goals; and
(B) a plan to address the deficiencies or shortfalls
in meeting those goals; and
(5) any other subject matters the Secretary, to the maximum
extent practicable consistent with tribal and user
recommendations received pursuant to the consultation and input
process under section 3225, determines to be appropriate.
SEC. 3225. TRIBAL CONSULTATION AND USER INPUT.
Before expending funds on an Indian irrigation project pursuant to
section 3221 and not later than 120 days after the date of enactment of
this Act, the Secretary shall--
(1) consult with the Indian tribe that has jurisdiction over
the land on which an irrigation project eligible to receive
funding under section 3222 is located; and
(2) solicit and consider the input, comments, and
recommendations of--
(A) the landowners served by the irrigation project;
and
(B) irrigators from adjacent irrigation districts.
SEC. 3226. ALLOCATION AMONG PROJECTS.
(a) In General.--Subject to subsection (b), to the maximum extent
practicable, the Secretary shall ensure that, for each of fiscal years
2017 through 2021, each Indian irrigation project eligible for funding
under section 3222 that has critical maintenance needs receives part of
the funding under section 3221 to address critical maintenance needs.
(b) Priority.--In allocating amounts under section 3221(b), in
addition to considering the funding priorities described in section
3223, the Secretary shall give priority to eligible Indian irrigation
projects serving more than 1 Indian tribe within an Indian reservation
and to projects for which funding has not been made available during the
10-year period ending on the day before the date of enactment of this
Act under any other Act of Congress that
[[Page 130 STAT. 1754]]
expressly identifies the Indian irrigation project or the Indian
reservation of the project to address the deferred maintenance, repair,
or replacement needs of the Indian irrigation project.
(c) Cap on Funding.--
(1) In general.--Subject to paragraph (2), in allocating
amounts under section 3221(b), the Secretary shall allocate not
more than $15,000,000 to any individual Indian irrigation
project described in section 3222 during any consecutive 3-year
period.
(2) Exception.--Notwithstanding the cap described in
paragraph (1), if the full amount under section 3221(b) cannot
be fully allocated to eligible Indian irrigation projects
because the costs of the remaining activities authorized in
section 3221(b) of an irrigation project would exceed the cap
described in paragraph (1), the Secretary may allocate the
remaining funds to eligible Indian irrigation projects in
accordance with this part.
(d) Basis of Funding.--Any amounts made available under this section
shall be nonreimbursable.
(e) Applicability of Isdeaa.--The Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.) shall apply to
activities carried out under this section.
Subtitle C--Weber Basin Prepayments
SEC. 3301. PREPAYMENT OF CERTAIN REPAYMENT OBLIGATIONS UNDER
CONTRACTS BETWEEN THE UNITED STATES AND
THE WEBER BASIN WATER CONSERVANCY
DISTRICT.
The Secretary of the Interior shall allow for prepayment of
repayment obligations under Repayment Contract No. 14-06-400-33 between
the United States and the Weber Basin Water Conservancy District, dated
December 12, 1952, and supplemented and amended on June 30, 1961, on
April 15, 1966, on September 20, 1968, and on May 9, 1985, including
future amendments and all related applicable contracts thereto,
providing for repayment of Weber Basin Project construction costs
allocated to irrigation and municipal and industrial purposes for which
repayment is provided pursuant to such contracts under terms and
conditions similar to those used in implementing the prepayment
provisions in section 210 of the Central Utah Project Completion Act
(Public Law 102-575), as amended, for prepayment of Central Utah
Project, Bonneville Unit repayment obligations. The prepayment--
(1) shall result in the United States recovering the net
present value of all repayment streams that would have been
payable to the United States if this Act was not in effect;
(2) may be provided in several installments;
(3) may not be adjusted on the basis of the type of
prepayment financing used by the District; and
(4) shall be made such that total repayment is made not
later than September 30, 2026.
[[Page 130 STAT. 1755]]
Subtitle D--Pechanga Water Rights Settlement
SEC. 3401. <<NOTE: Pechanga Band of Luiseno Mission Indians Water
Rights Settlement Act.>> SHORT TITLE.
This subtitle may be cited as the ``Pechanga Band of Luiseno Mission
Indians Water Rights Settlement Act''.
SEC. 3402. PURPOSES.
The purposes of this subtitle are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights and certain claims for injuries to water
rights in the Santa Margarita River Watershed for--
(A) the Band; and
(B) the United States, acting in its capacity as
trustee for the Band and Allottees;
(2) to achieve a fair, equitable, and final settlement of
certain claims by the Band and Allottees against the United
States;
(3) to authorize, ratify, and confirm the Pechanga
Settlement Agreement to be entered into by the Band, RCWD, and
the United States;
(4) to authorize and direct the Secretary--
(A) to execute the Pechanga Settlement Agreement;
and
(B) to take any other action necessary to carry out
the Pechanga Settlement Agreement in accordance with
this subtitle; and
(5) to authorize the appropriation of amounts necessary for
the implementation of the Pechanga Settlement Agreement and this
subtitle.
SEC. 3403. DEFINITIONS.
In this subtitle:
(1) Adjudication court.--The term ``Adjudication Court''
means the United States District Court for the Southern District
of California, which exercises continuing jurisdiction over the
Adjudication Proceeding.
(2) Adjudication proceeding.--The term ``Adjudication
Proceeding'' means litigation initiated by the United States
regarding relative water rights in the Santa Margarita River
Watershed in United States v. Fallbrook Public Utility District
et al., Civ. No. 3:51-cv-01247 (S.D.C.A.), including any
litigation initiated to interpret or enforce the relative water
rights in the Santa Margarita River Watershed pursuant to the
continuing jurisdiction of the Adjudication Court over the
Fallbrook Decree.
(3) Allottee.--The term ``Allottee'' means an individual who
holds a beneficial real property interest in an Indian allotment
that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(4) Band.--The term ``Band'' means Pechanga Band of Luiseno
Mission Indians, a federally recognized sovereign Indian tribe
that functions as a custom and tradition Indian tribe, acting on
behalf of itself and its members, but not acting on behalf of
members in their capacities as Allottees.
[[Page 130 STAT. 1756]]
(5) Claims.--The term ``claims'' means rights, claims,
demands, actions, compensation, or causes of action, whether
known or unknown.
(6) EMWD.--The term ``EMWD'' means Eastern Municipal Water
District, a municipal water district organized and existing in
accordance with the Municipal Water District Law of 1911,
Division 20 of the Water Code of the State of California, as
amended.
(7) EMWD connection fee.--The term ``EMWD Connection Fee''
has the meaning set forth in the Extension of Service Area
Agreement.
(8) Enforceability date.--The term ``enforceability date''
means the date on which the Secretary publishes in the Federal
Register the statement of findings described in section 3407(e).
(9) ESAA capacity agreement.--The term ``ESAA Capacity
Agreement'' means the ``ESAA Capacity Agreement'', among the
Band, RCWD, and the United States.
(10) ESAA water.--The term ``ESAA Water'' means imported
potable water that the Band receives from EMWD and MWD pursuant
to the Extension of Service Area Agreement and delivered by RCWD
pursuant to the ESAA Water Delivery Agreement.
(11) ESAA water delivery agreement.--The term ``ESAA Water
Delivery Agreement'' means the agreement among EMWD, RCWD, and
the Band, establishing the terms and conditions of water service
to the Band.
(12) Extension of service area agreement.--The term
``Extension of Service Area Agreement'' means the ``Extension of
Service Area Agreement'', among the Band, EMWD, and MWD, for the
provision of water service by EMWD to a designated portion of
the Reservation using water supplied by MWD.
(13) Fallbrook decree.--
(A) In general.--The term ``Fallbrook Decree'' means
the ``Modified Final Judgment And Decree'', entered in
the Adjudication Proceeding on April 6, 1966.
(B) Inclusions.--The term ``Fallbrook Decree''
includes all court orders, interlocutory judgments, and
decisions supplemental to the ``Modified Final Judgment
And Decree'', including Interlocutory Judgment No. 30,
Interlocutory Judgment No. 35, and Interlocutory
Judgment No. 41.
(14) Fund.--The term ``Fund'' means the Pechanga Settlement
Fund established by section 3409.
(15) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(16) Injury to water rights.--The term ``injury to water
rights'' means an interference with, diminution of, or
deprivation of water rights under Federal or State law.
(17) Interim capacity.--The term ``Interim Capacity'' has
the meaning set forth in the ESAA Capacity Agreement.
(18) Interim capacity notice.--The term ``Interim Capacity
Notice'' has the meaning set forth in the ESAA Capacity
Agreement.
(19) Interlocutory judgment no. 41.--The term
``Interlocutory Judgment No. 41'' means Interlocutory Judgment
No.
[[Page 130 STAT. 1757]]
41 issued in the Adjudication Proceeding on November 8, 1962,
including all court orders, judgments, and decisions
supplemental to that interlocutory judgment.
(20) MWD.--The term ``MWD'' means the Metropolitan Water
District of Southern California, a metropolitan water district
organized and incorporated under the Metropolitan Water District
Act of the State of California (Stats. 1969, Chapter 209, as
amended).
(21) MWD connection fee.--The term ``MWD Connection Fee''
has the meaning set forth in the Extension of Service Area
Agreement.
(22) Pechanga esaa delivery capacity account.--The term
``Pechanga ESAA Delivery Capacity account'' means the account
established by section 3409(c)(2).
(23) Pechanga recycled water infrastructure account.--The
term ``Pechanga Recycled Water Infrastructure account'' means
the account established by section 3409(c)(1).
(24) Pechanga settlement agreement.--The term ``Pechanga
Settlement Agreement'' means the Pechanga Settlement Agreement,
dated April 8, 2016, together with the exhibits to that
agreement, entered into by the Band, the United States on behalf
of the Band, its members and Allottees, MWD, EMWD, and RCWD,
including--
(A) the Extension of Service Area Agreement;
(B) the ESAA Capacity Agreement; and
(C) the ESAA Water Delivery Agreement.
(25) Pechanga water code.--The term ``Pechanga Water Code''
means a water code to be adopted by the Band in accordance with
section 3405(f).
(26) Pechanga water fund account.--The term ``Pechanga Water
Fund account'' means the account established by section
3409(c)(3).
(27) Pechanga water quality account.--The term ``Pechanga
Water Quality account'' means the account established by section
3409(c)(4).
(28) Permanent capacity.--The term ``Permanent Capacity''
has the meaning set forth in the ESAA Capacity Agreement.
(29) Permanent capacity notice.--The term ``Permanent
Capacity Notice'' has the meaning set forth in the ESAA Capacity
Agreement.
(30) RCWD.--
(A) In general.--The term ``RCWD'' means the Rancho
California Water District organized pursuant to section
34000 et seq. of the California Water Code.
(B) Inclusions.--The term ``RCWD'' includes all real
property owners for whom RCWD acts as an agent pursuant
to an agency agreement.
(31) Recycled water infrastructure agreement.--The term
``Recycled Water Infrastructure Agreement'' means the ``Recycled
Water Infrastructure Agreement'' among the Band, RCWD, and the
United States.
(32) Recycled water transfer agreement.--The term ``Recycled
Water Transfer Agreement'' means the ``Recycled Water Transfer
Agreement'' between the Band and RCWD.
(33) Reservation.--
[[Page 130 STAT. 1758]]
(A) In general.--The term ``Reservation'' means the
land depicted on the map attached to the Pechanga
Settlement Agreement as Exhibit I.
(B) Applicability of term.--The term ``Reservation''
shall be used solely for the purposes of the Pechanga
Settlement Agreement, this subtitle, and any judgment or
decree issued by the Adjudication Court approving the
Pechanga Settlement Agreement.
(34) Santa margarita river watershed.--The term ``Santa
Margarita River Watershed'' means the watershed that is the
subject of the Adjudication Proceeding and the Fallbrook Decree.
(35) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(36) State.--The term ``State'' means the State of
California.
(37) Storage pond.--The term ``Storage Pond'' has the
meaning set forth in the Recycled Water Infrastructure
Agreement.
(38) Tribal water right.--The term ``Tribal Water Right''
means the water rights ratified, confirmed, and declared to be
valid for the benefit of the Band and Allottees, as set forth
and described in section 3405.
SEC. 3404. APPROVAL OF THE PECHANGA SETTLEMENT AGREEMENT.
(a) Ratification of Pechanga Settlement Agreement.--
(1) In general.--Except as modified by this subtitle, and to
the extent that the Pechanga Settlement Agreement does not
conflict with this subtitle, the Pechanga Settlement Agreement
is authorized, ratified, and confirmed.
(2) Amendments.--Any amendment to the Pechanga Settlement
Agreement is authorized, ratified, and confirmed, to the extent
that the amendment is executed to make the Pechanga Settlement
Agreement consistent with this subtitle.
(b) Execution of Pechanga Settlement Agreement.--
(1) In general.--To the extent that the Pechanga Settlement
Agreement does not conflict with this subtitle, the Secretary is
directed to and promptly shall execute--
(A) the Pechanga Settlement Agreement (including any
exhibit to the Pechanga Settlement Agreement requiring
the signature of the Secretary); and
(B) any amendment to the Pechanga Settlement
Agreement necessary to make the Pechanga Settlement
Agreement consistent with this subtitle.
(2) Modifications.--Nothing in this subtitle precludes the
Secretary from approving modifications to exhibits to the
Pechanga Settlement Agreement not inconsistent with this
subtitle, to the extent those modifications do not otherwise
require congressional approval pursuant to section 2116 of the
Revised Statutes (25 U.S.C. 177) or other applicable Federal
law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Pechanga Settlement
Agreement, the Secretary shall promptly comply with all
applicable requirements of--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
[[Page 130 STAT. 1759]]
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(C) all other applicable Federal environmental laws;
and
(D) all regulations promulgated under the laws
described in subparagraphs (A) through (C).
(2) Execution of the pechanga settlement agreement.--
(A) In general.--Execution of the Pechanga
Settlement Agreement by the Secretary under this section
shall not constitute a major Federal action under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(B) Compliance.--The Secretary is directed to carry
out all Federal compliance necessary to implement the
Pechanga Settlement Agreement.
(3) Lead agency.--The Bureau of Reclamation shall be
designated as the lead agency with respect to environmental
compliance.
SEC. 3405. TRIBAL WATER RIGHT.
(a) Intent of Congress.--It is the intent of Congress to provide to
each Allottee benefits that are equal to or exceed the benefits
Allottees possess as of the date of enactment of this Act, taking into
consideration--
(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Pechanga
Settlement Agreement and this subtitle;
(2) the availability of funding under this subtitle;
(3) the availability of water from the Tribal Water Right
and other water sources as set forth in the Pechanga Settlement
Agreement; and
(4) the applicability of section 7 of the Act of February 8,
1887 (25 U.S.C. 381), and this subtitle to protect the interests
of Allottees.
(b) Confirmation of Tribal Water Right.--
(1) In general.--A Tribal Water Right of up to 4,994 acre-
feet of water per year that, under natural conditions, is
physically available on the Reservation is confirmed in
accordance with the Findings of Fact and Conclusions of Law set
forth in Interlocutory Judgment No. 41, as affirmed by the
Fallbrook Decree.
(2) Use.--Subject to the terms of the Pechanga Settlement
Agreement, this subtitle, the Fallbrook Decree, and applicable
Federal law, the Band may use the Tribal Water Right for any
purpose on the Reservation.
(c) Holding in Trust.--The Tribal Water Right, as set forth in
subsection (b), shall--
(1) be held in trust by the United States on behalf of the
Band and the Allottees in accordance with this section;
(2) include the priority dates described in Interlocutory
Judgment No. 41, as affirmed by the Fallbrook Decree; and
(3) not be subject to forfeiture or abandonment.
(d) Allottees.--
(1) Applicability of act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (25
U.S.C. 381), relating to the use of water for irrigation
purposes shall apply to the Tribal Water Right.
[[Page 130 STAT. 1760]]
(2) Entitlement to water.--Any entitlement to water of an
Allottee under Federal law shall be satisfied from the Tribal
Water Right.
(3) Allocations.--Allotted land located within the exterior
boundaries of the Reservation shall be entitled to a just and
equitable allocation of water for irrigation and domestic
purposes from the Tribal Water Right.
(4) Exhaustion of remedies.--Before asserting any claim
against the United States under section 7 of the Act of February
8, 1887 (25 U.S.C. 381), or any other applicable law, an
Allottee shall exhaust remedies available under the Pechanga
Water Code or other applicable tribal law.
(5) Claims.--Following exhaustion of remedies available
under the Pechanga Water Code or other applicable tribal law, an
Allottee may seek relief under section 7 of the Act of February
8, 1887 (25 U.S.C. 381), or other applicable law.
(6) Authority.--The Secretary shall have the authority to
protect the rights of Allottees as specified in this section.
(e) Authority of Band.--
(1) In general.--Except as provided in paragraph (2), the
Band shall have authority to use, allocate, distribute, and
lease the Tribal Water Right on the Reservation in accordance
with--
(A) the Pechanga Settlement Agreement; and
(B) applicable Federal law.
(2) Leases by allottees.--
(A) In general.--An Allottee may lease any interest
in land held by the Allottee, together with any water
right determined to be appurtenant to that interest in
land.
(B) Water right appurtenant.--Any water right
determined to be appurtenant to an interest in land
leased by an Allottee shall be used on such land on the
Reservation.
(f) Pechanga Water Code.--
(1) In general.--Not later than 18 months after the
enforceability date, the Band shall enact a Pechanga Water Code,
that provides for--
(A) the management, regulation, and governance of
all uses of the Tribal Water Right in accordance with
the Pechanga Settlement Agreement; and
(B) establishment by the Band of conditions, permit
requirements, and other limitations relating to the
storage, recovery, and use of the Tribal Water Right in
accordance with the Pechanga Settlement Agreement.
(2) Inclusions.--Subject to the approval of the Secretary,
the Pechanga Water Code shall provide--
(A) that allocations of water to Allottees shall be
satisfied with water from the Tribal Water Right;
(B) that charges for delivery of water for
irrigation purposes for Allottees shall be assessed on a
just and equitable basis;
(C) a process by which an Allottee may request that
the Band provide water for irrigation or domestic
purposes in accordance with this subtitle;
(D) a due process system for the consideration and
determination by the Band of any request by an Allottee
(or any successor in interest to an Allottee) for an
allocation
[[Page 130 STAT. 1761]]
of such water for irrigation or domestic purposes on
allotted land, including a process for--
(i) appeal and adjudication of any denied or
disputed distribution of water; and
(ii) resolution of any contested
administrative decision; and
(E) a requirement that any Allottee with a claim
relating to the enforcement of rights of the Allottee
under the Pechanga Water Code or relating to the amount
of water allocated to land of the Allottee must first
exhaust remedies available to the Allottee under tribal
law and the Pechanga Water Code before initiating an
action against the United States or petitioning the
Secretary pursuant to subsection (d)(4).
(3) Action by secretary.--
(A) In general.--The Secretary shall administer the
Tribal Water Right until the Pechanga Water Code is
enacted and approved under this section.
(B) Approval.--Any provision of the Pechanga Water
Code and any amendment to the Pechanga Water Code that
affects the rights of Allottees--
(i) shall be subject to the approval of the
Secretary; and
(ii) shall not be valid until approved by the
Secretary.
(C) Approval period.--The Secretary shall approve or
disapprove the Pechanga Water Code within a reasonable
period of time after the date on which the Band submits
the Pechanga Water Code to the Secretary for approval.
(g) Effect.--Except as otherwise specifically provided in this
section, nothing in this subtitle--
(1) authorizes any action by an Allottee against any
individual or entity, or against the Band, under Federal, State,
tribal, or local law; or
(2) alters or affects the status of any action pursuant to
section 1491(a) of title 28, United States Code.
SEC. 3406. SATISFACTION OF CLAIMS.
(a) In General.--The benefits provided to the Band under the
Pechanga Settlement Agreement and this subtitle shall be in complete
replacement of, complete substitution for, and full satisfaction of all
claims of the Band against the United States that are waived and
released pursuant to section 3407.
(b) Allottee Claims.--The benefits realized by the Allottees under
this subtitle shall be in complete replacement of, complete substitution
for, and full satisfaction of--
(1) all claims that are waived and released pursuant to
section 3407; and
(2) any claims of the Allottees against the United States
that the Allottees have or could have asserted that are similar
in nature to any claim described in section 3407.
(c) No Recognition of Water Rights.--Except as provided in section
3405(d), nothing in this subtitle recognizes or establishes any right of
a member of the Band or an Allottee to water within the Reservation.
[[Page 130 STAT. 1762]]
(d) Claims Relating to Development of Water for Reservation.--
(1) In general.--The amounts authorized to be appropriated
pursuant to section 3411 shall be used to satisfy any claim of
the Allottees against the United States with respect to the
development or protection of water resources for the
Reservation.
(2) Satisfaction of claims.--Upon the complete appropriation
of amounts authorized pursuant to section 3411, any claim of the
Allottees against the United States with respect to the
development or protection of water resources for the Reservation
shall be deemed to have been satisfied.
SEC. 3407. WAIVER OF CLAIMS.
(a) In General.--
(1) Waiver of claims by the band and the united states
acting in its capacity as trustee for the band.--
(A) In general.--Subject to the retention of rights
set forth in subsection (c), in return for recognition
of the Tribal Water Right and other benefits as set
forth in the Pechanga Settlement Agreement and this
subtitle, the Band, and the United States, acting as
trustee for the Band, are authorized and directed to
execute a waiver and release of all claims for water
rights within the Santa Margarita River Watershed that
the Band, or the United States acting as trustee for the
Band, asserted or could have asserted in any proceeding,
including the Adjudication Proceeding, except to the
extent that such rights are recognized in the Pechanga
Settlement Agreement and this subtitle.
(B) Claims against rcwd.--Subject to the retention
of rights set forth in subsection (c) and
notwithstanding any provisions to the contrary in the
Pechanga Settlement Agreement, the Band and the United
States, on behalf of the Band and Allottees, fully
release, acquit, and discharge RCWD from--
(i) claims for injuries to water rights in the
Santa Margarita River Watershed for land located
within the Reservation arising or occurring at any
time up to and including June 30, 2009;
(ii) claims for injuries to water rights in
the Santa Margarita River Watershed for land
located within the Reservation arising or
occurring at any time after June 30, 2009,
resulting from the diversion or use of water in a
manner not in violation of the Pechanga Settlement
Agreement or this subtitle;
(iii) claims for subsidence damage to land
located within the Reservation arising or
occurring at any time up to and including June 30,
2009;
(iv) claims for subsidence damage arising or
occurring after June 30, 2009, to land located
within the Reservation resulting from the
diversion of underground water in a manner
consistent with the Pechanga Settlement Agreement
or this subtitle; and
[[Page 130 STAT. 1763]]
(v) claims arising out of, or relating in any
manner to, the negotiation or execution of the
Pechanga Settlement Agreement or the negotiation
or execution of this subtitle.
(2) Claims by the united states acting in its capacity as
trustee for allottees.--Subject to the retention of claims set
forth in subsection (c), in return for recognition of the Tribal
Water Right and other benefits as set forth in the Pechanga
Settlement Agreement and this subtitle, the United States,
acting as trustee for Allottees, is authorized and directed to
execute a waiver and release of all claims for water rights
within the Santa Margarita River Watershed that the United
States, acting as trustee for the Allottees, asserted or could
have asserted in any proceeding, including the Adjudication
Proceeding, except to the extent such rights are recognized in
the Pechanga Settlement Agreement and this subtitle.
(3) Claims by the band against the united states.--Subject
to the retention of rights set forth in subsection (c), the
Band, is authorized to execute a waiver and release of--
(A) all claims against the United States (including
the agencies and employees of the United States)
relating to claims for water rights in, or water of, the
Santa Margarita River Watershed that the United States,
acting in its capacity as trustee for the Band,
asserted, or could have asserted, in any proceeding,
including the Adjudication Proceeding, except to the
extent that those rights are recognized in the Pechanga
Settlement Agreement and this subtitle;
(B) all claims against the United States (including
the agencies and employees of the United States)
relating to damages, losses, or injuries to water, water
rights, land, or natural resources due to loss of water
or water rights (including damages, losses or injuries
to hunting, fishing, gathering, or cultural rights due
to loss of water or water rights, claims relating to
interference with, diversion, or taking of water or
water rights, or claims relating to failure to protect,
acquire, replace, or develop water, water rights, or
water infrastructure) in the Santa Margarita River
Watershed that first accrued at any time up to and
including the enforceability date;
(C) all claims against the United States (including
the agencies and employees of the United States)
relating to the pending litigation of claims relating to
the water rights of the Band in the Adjudication
Proceeding; and
(D) all claims against the United States (including
the agencies and employees of the United States)
relating to the negotiation or execution of the Pechanga
Settlement Agreement or the negotiation or execution of
this subtitle.
(b) Effectiveness of Waivers and Releases.--The waivers under
subsection (a) shall take effect on the enforceability date.
(c) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases authorized in this subtitle, the Band, on
behalf of itself and the members of the Band, and the United States,
acting in its capacity as trustee for the Band and Allottees, retain--
(1) all claims for enforcement of the Pechanga Settlement
Agreement and this subtitle;
[[Page 130 STAT. 1764]]
(2) all claims against any person or entity other than the
United States and RCWD, including claims for monetary damages;
(3) all claims for water rights that are outside the
jurisdiction of the Adjudication Court;
(4) all rights to use and protect water rights acquired on
or after the enforceability date; and
(5) all remedies, privileges, immunities, powers, and
claims, including claims for water rights, not specifically
waived and released pursuant to this subtitle and the Pechanga
Settlement Agreement.
(d) Effect of Pechanga Settlement Agreement and Act.--Nothing in the
Pechanga Settlement Agreement or this subtitle--
(1) affects the ability of the United States, acting as a
sovereign, to take actions authorized by law, including any laws
relating to health, safety, or the environment, including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(2) affects the ability of the United States to take actions
acting as trustee for any other Indian tribe or an Allottee of
any other Indian tribe;
(3) confers jurisdiction on any State court--
(A) to interpret Federal law regarding health,
safety, or the environment;
(B) to determine the duties of the United States or
other parties pursuant to Federal law regarding health,
safety, or the environment; or
(C) to conduct judicial review of Federal agency
action;
(4) waives any claim of a member of the Band in an
individual capacity that does not derive from a right of the
Band;
(5) limits any funding that RCWD would otherwise be
authorized to receive under any Federal law, including, the
Reclamation Wastewater and Groundwater Study and Facilities Act
(43 U.S.C. 390h et seq.) as that Act applies to permanent
facilities for water recycling, demineralization, and
desalination, and distribution of nonpotable water supplies in
Southern Riverside County, California;
(6) characterizes any amounts received by RCWD under the
Pechanga Settlement Agreement or this subtitle as Federal for
purposes of section 1649 of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h-32); or
(7) affects the requirement of any party to the Pechanga
Settlement Agreement or any of the exhibits to the Pechanga
Settlement Agreement to comply with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the California
Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.)
prior to performing the respective obligations
[[Page 130 STAT. 1765]]
of that party under the Pechanga Settlement Agreement or any of
the exhibits to the Pechanga Settlement Agreement.
(e) Enforceability Date.--The enforceability date shall be the date
on which the Secretary publishes in the Federal Register a statement of
findings that--
(1) the Adjudication Court has approved and entered a
judgment and decree approving the Pechanga Settlement Agreement
in substantially the same form as Appendix 2 to the Pechanga
Settlement Agreement;
(2) all amounts authorized by this subtitle have been
deposited in the Fund;
(3) the waivers and releases authorized in subsection (a)
have been executed by the Band and the Secretary;
(4) the Extension of Service Area Agreement--
(A) has been approved and executed by all the
parties to the Extension of Service Area Agreement; and
(B) is effective and enforceable in accordance with
the terms of the Extension of Service Area Agreement;
and
(5) the ESAA Water Delivery Agreement--
(A) has been approved and executed by all the
parties to the ESAA Water Delivery Agreement; and
(B) is effective and enforceable in accordance with
the terms of the ESAA Water Delivery Agreement.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the earlier of--
(A) April 30, 2030, or such alternate date after
April 30, 2030, as is agreed to by the Band and the
Secretary; or
(B) the enforceability date.
(2) Effects of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitations or any time-based equitable
defense under any other applicable law.
(g) Termination.--
(1) In general.--If all of the amounts authorized to be
appropriated to the Secretary pursuant to this subtitle have not
been made available to the Secretary by April 30, 2030--
(A) the waivers authorized by this section shall
expire and have no force or effect; and
(B) all statutes of limitations applicable to any
claim otherwise waived under this section shall be
tolled until April 30, 2030.
(2) Voiding of waivers.--If a waiver authorized by this
section is void under paragraph (1)--
(A) the approval of the United States of the
Pechanga Settlement Agreement under section 3404 shall
be void and have no further force or effect;
(B) any unexpended Federal amounts appropriated or
made available to carry out this subtitle, together with
any interest earned on those amounts, and any water
rights or contracts to use water and title to other
property
[[Page 130 STAT. 1766]]
acquired or constructed with Federal amounts
appropriated or made available to carry out this
subtitle shall be returned to the Federal Government,
unless otherwise agreed to by the Band and the United
States and approved by Congress; and
(C) except for Federal amounts used to acquire or
develop property that is returned to the Federal
Government under subparagraph (B), the United States
shall be entitled to set off any Federal amounts
appropriated or made available to carry out this
subtitle that were expended or withdrawn, together with
any interest accrued, against any claims against the
United States relating to water rights asserted by the
Band or Allottees in any future settlement of the water
rights of the Band or Allottees.
SEC. 3408. WATER FACILITIES.
(a) In General.--The Secretary shall, subject to the availability of
appropriations, using amounts from the designated accounts of the Fund,
provide the amounts necessary to fulfill the obligations of the Band
under the Recycled Water Infrastructure Agreement and the ESAA Capacity
Agreement, in an amount not to exceed the amounts deposited in the
designated accounts for such purposes plus any interest accrued on such
amounts from the date of deposit in the Fund to the date of disbursement
from the Fund, in accordance with this subtitle and the terms and
conditions of those agreements.
(b) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(c) Recycled Water Infrastructure.--
(1) In general.--The Secretary shall, using amounts from the
Pechanga Recycled Water Infrastructure account, provide amounts
for the Storage Pond in accordance with this section.
(2) Storage pond.--
(A) In general.--The Secretary shall, subject to the
availability of appropriations, using amounts from the
Pechanga Recycled Water Infrastructure account provide
the amounts necessary for a Storage Pond in accordance
with the Recycled Water Infrastructure Agreement, in an
amount not to exceed $2,656,374.
(B) Procedure.--The procedure for the Secretary to
provide amounts pursuant to this section shall be as set
forth in the Recycled Water Infrastructure Agreement.
(C) Liability.--The United States shall have no
responsibility or liability for the Storage Pond.
(d) ESAA Delivery Capacity.--
(1) In general.--The Secretary shall, using amounts from the
Pechanga ESAA Delivery Capacity account, provide amounts for
Interim Capacity and Permanent Capacity in accordance with this
section.
(2) Interim capacity.--
(A) In general.--The Secretary shall, subject to the
availability of appropriations, using amounts from the
ESAA Delivery Capacity account, provide amounts
necessary for the provision of Interim Capacity in
accordance with the ESAA Capacity Agreement in an amount
not to exceed $1,000,000.
[[Page 130 STAT. 1767]]
(B) Procedure.--The procedure for the Secretary to
provide amounts pursuant to this section shall be as set
forth in the ESAA Capacity Agreement.
(C) Liability.--The United States shall have no
responsibility or liability for the Interim Capacity to
be provided by RCWD or by the Band.
(D) Transfer to band.--If RCWD does not provide the
Interim Capacity Notice required pursuant to the ESAA
Capacity Agreement by the date that is 60 days after the
date required under the ESAA Capacity Agreement, the
amounts in the Pechanga ESAA Delivery Capacity account
for purposes of the provision of Interim Capacity and
Permanent Capacity, including any interest that has
accrued on those amounts, shall be available for use by
the Band to provide alternative interim capacity in a
manner that is similar to the Interim Capacity and
Permanent Capacity that the Band would have received had
RCWD provided such Interim Capacity and Permanent
Capacity.
(3) Permanent capacity.--
(A) In general.--The Secretary shall, subject to the
availability of appropriations, using amounts from the
ESAA Delivery Capacity account, provide amounts
necessary for the provision of Permanent Capacity in
accordance with the ESAA Capacity Agreement.
(B) Procedure.--The procedure for the Secretary to
provide funds pursuant to this section shall be as set
forth in the ESAA Capacity Agreement.
(C) Liability.--The United States shall have no
responsibility or liability for the Permanent Capacity
to be provided by RCWD or by the Band.
(D) Transfer to band.--If RCWD does not provide the
Permanent Capacity Notice required pursuant to the ESAA
Capacity Agreement by the date that is 5 years after the
enforceability date, the amounts in the Pechanga ESAA
Delivery Capacity account for purposes of the provision
of Permanent Capacity, including any interest that has
accrued on those amounts, shall be available for use by
the Band to provide alternative Permanent Capacity in a
manner that is similar to the Permanent Capacity that
the Band would have received had RCWD provided such
Permanent Capacity.
SEC. 3409. PECHANGA SETTLEMENT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Pechanga Settlement Fund'', to
be managed, invested, and distributed by the Secretary and to be
available until expended, and, together with any interest earned on
those amounts, to be used solely for the purpose of carrying out this
subtitle.
(b) Transfers to Fund.--The Fund shall consist of such amounts as
are deposited in the Fund under section 3411(a) of this subtitle,
together with any interest earned on those amounts, which shall be
available in accordance with subsection (e).
(c) Accounts of Pechanga Settlement Fund.--The Secretary shall
establish in the Fund the following accounts:
[[Page 130 STAT. 1768]]
(1) Pechanga Recycled Water Infrastructure account,
consisting of amounts authorized pursuant to section 3411(a)(1).
(2) Pechanga ESAA Delivery Capacity account, consisting of
amounts authorized pursuant to section 3411(a)(2).
(3) Pechanga Water Fund account, consisting of amounts
authorized pursuant to section 3411(a)(3).
(4) Pechanga Water Quality account, consisting of amounts
authorized pursuant to section 3411(a)(4).
(d) Management of Fund.--The Secretary shall manage, invest, and
distribute all amounts in the Fund in a manner that is consistent with
the investment authority of the Secretary under--
(1) the first section of the Act of June 24, 1938 (25 U.S.C.
162a);
(2) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(3) this section.
(e) Availability of Amounts.--Amounts appropriated to, and deposited
in, the Fund, including any investment earnings accrued from the date of
deposit in the Fund through the date of disbursement from the Fund,
shall be made available to the Band by the Secretary beginning on the
enforceability date.
(f) Withdrawals by Band Pursuant to the American Indian Trust Fund
Management Reform Act.--
(1) In general.--The Band may withdraw all or part of the
amounts in the Fund on approval by the Secretary of a tribal
management plan submitted by the Band in accordance with the
American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.).
(2) Requirements.--
(A) In general.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
management plan under paragraph (1) shall require that
the Band shall spend all amounts withdrawn from the Fund
in accordance with this subtitle.
(B) Enforcement.--The Secretary may carry out such
judicial or administrative actions as the Secretary
determines to be necessary to enforce the tribal
management plan to ensure that amounts withdrawn by the
Band from the Fund under this subsection are used in
accordance with this subtitle.
(g) Withdrawals by Band Pursuant to an Expenditure Plan.--
(1) In general.--The Band may submit an expenditure plan for
approval by the Secretary requesting that all or part of the
amounts in the Fund be disbursed in accordance with the plan.
(2) Requirements.--The expenditure plan under paragraph (1)
shall include a description of the manner and purpose for which
the amounts proposed to be disbursed from the Fund will be used,
in accordance with subsection (h).
(3) Approval.--If the Secretary determines that an
expenditure plan submitted under this subsection is consistent
with the purposes of this subtitle, the Secretary shall approve
the plan.
(4) Enforcement.--The Secretary may carry out such judicial
or administrative actions as the Secretary determines
[[Page 130 STAT. 1769]]
necessary to enforce an expenditure plan to ensure that amounts
disbursed under this subsection are used in accordance with this
subtitle.
(h) Uses.--Amounts from the Fund shall be used by the Band for the
following purposes:
(1) Pechanga recycled water infrastructure account.--The
Pechanga Recycled Water Infrastructure account shall be used for
expenditures by the Band in accordance with section 3408(c).
(2) Pechanga esaa delivery capacity account.--The Pechanga
ESAA Delivery Capacity account shall be used for expenditures by
the Band in accordance with section 3408(d).
(3) Pechanga water fund account.--The Pechanga Water Fund
account shall be used for--
(A) payment of the EMWD Connection Fee;
(B) payment of the MWD Connection Fee; and
(C) any expenses, charges, or fees incurred by the
Band in connection with the delivery or use of water
pursuant to the Pechanga Settlement Agreement.
(4) Pechanga water quality account.--The Pechanga Water
Quality account shall be used by the Band to fund groundwater
desalination activities within the Wolf Valley Basin.
(i) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure of, or the investment of any
amounts withdrawn from, the Fund by the Band under subsection (f) or
(g).
(j) No Per Capita Distributions.--No portion of the Fund shall be
distributed on a per capita basis to any member of the Band.
SEC. 3410. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity by the United States.--Except as
provided in subsections (a) through (c) of section 208 of the Department
of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this
subtitle waives the sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this subtitle
quantifies or diminishes any land or water right, or any claim or
entitlement to land or water, of an Indian tribe, band, or community
other than the Band.
(c) Limitation on Claims for Reimbursement.--With respect to Indian
land within the Reservation--
(1) the United States shall not submit against any Indian-
owned land located within the Reservation any claim for
reimbursement of the cost to the United States of carrying out
this subtitle and the Pechanga Settlement Agreement; and
(2) no assessment of any Indian-owned land located within
the Reservation shall be made regarding that cost.
(d) Effect on Current Law.--Nothing in this section affects any
provision of law (including regulations) in effect on the day before the
date of enactment of this Act with respect to preenforcement review of
any Federal environmental enforcement action.
SEC. 3411. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
[[Page 130 STAT. 1770]]
(1) Pechanga recycled water infrastructure account.--There
is authorized to be appropriated $2,656,374, for deposit in the
Pechanga Recycled Water Infrastructure account, to carry out the
activities described in section 3408(c).
(2) Pechanga esaa delivery capacity account.--There is
authorized to be appropriated $17,900,000, for deposit in the
Pechanga ESAA Delivery Capacity account, which amount shall be
adjusted for changes in construction costs since June 30, 2009,
as is indicated by ENR Construction Cost Index, 20-City Average,
as applicable to the types of construction required for the Band
to provide the infrastructure necessary for the Band to provide
the Interim Capacity and Permanent Capacity in the event that
RCWD elects not to provide the Interim Capacity or Permanent
Capacity as set forth in the ESAA Capacity Agreement and
contemplated in sections 3408(d)(2)(D) and 3408(d)(3)(D) of this
subtitle, with such adjustment ending on the date on which funds
authorized to be appropriated under this section have been
deposited in the Fund.
(3) Pechanga water fund account.--There is authorized to be
appropriated $5,483,653, for deposit in the Pechanga Water Fund
account, which amount shall be adjusted for changes in
appropriate cost indices since June 30, 2009, with such
adjustment ending on the date of deposit in the Fund, for the
purposes set forth in section 3409(h)(3).
(4) Pechanga water quality account.--There is authorized to
be appropriated $2,460,000, for deposit in the Pechanga Water
Quality account, which amount shall be adjusted for changes in
appropriate cost indices since June 30, 2009, with such
adjustment ending on the date of deposit in the Fund, for the
purposes set forth in section 3409(h)(4).
SEC. 3412. EXPIRATION ON FAILURE OF ENFORCEABILITY DATE.
If the Secretary does not publish a statement of findings under
section 3407(e) by April 30, 2021, or such alternative later date as is
agreed to by the Band and the Secretary, as applicable--
(1) this subtitle expires on the later of May 1, 2021, or
the day after the alternative date agreed to by the Band and the
Secretary;
(2) any action taken by the Secretary and any contract or
agreement pursuant to the authority provided under any provision
of this subtitle shall be void;
(3) any amounts appropriated under section 3411, together
with any interest on those amounts, shall immediately revert to
the general fund of the Treasury; and
(4) any amounts made available under section 3411 that
remain unexpended shall immediately revert to the general fund
of the Treasury.
SEC. 3413. ANTIDEFICIENCY.
(a) In General.--Notwithstanding any authorization of appropriations
to carry out this subtitle, the expenditure or advance of any funds, and
the performance of any obligation by the Department in any capacity,
pursuant to this subtitle shall be contingent on the appropriation of
funds for that expenditure, advance, or performance.
[[Page 130 STAT. 1771]]
(b) Liability.--The Department of the Interior shall not be liable
for the failure to carry out any obligation or activity authorized by
this subtitle if adequate appropriations are not provided to carry out
this subtitle.
Subtitle E--Delaware River Basin Conservation
SEC. 3501. FINDINGS.
Congress finds that--
(1) the Delaware River Basin is a national treasure of great
cultural, environmental, ecological, and economic importance;
(2) the Basin contains over 12,500 square miles of land in
the States of Delaware, New Jersey, New York, and Pennsylvania,
including nearly 800 square miles of bay and more than 2,000
tributary rivers and streams;
(3) the Basin is home to more than 8,000,000 people who
depend on the Delaware River and the Delaware Bay as an economic
engine, a place of recreation, and a vital habitat for fish and
wildlife;
(4) the Basin provides clean drinking water to more than
15,000,000 people, including New York City, which relies on the
Basin for approximately half of the drinking water supply of the
city, and Philadelphia, whose most significant threat to the
drinking water supply of the city is loss of forests and other
natural cover in the Upper Basin, according to a study conducted
by the Philadelphia Water Department;
(5) the Basin contributes $25,000,000,000 annually in
economic activity, provides $21,000,000,000 in ecosystem goods
and services per year, and is directly or indirectly responsible
for 600,000 jobs with $10,000,000,000 in annual wages;
(6) almost 180 species of fish and wildlife are considered
special status species in the Basin due to habitat loss and
degradation, particularly sturgeon, eastern oyster, horseshoe
crabs, and red knots, which have been identified as unique
species in need of habitat improvement;
(7) the Basin provides habitat for over 200 resident and
migrant fish species, includes significant recreational
fisheries, and is an important source of eastern oyster, blue
crab, and the largest population of the American horseshoe crab;
(8) the annual dockside value of commercial eastern oyster
fishery landings for the Delaware Estuary is nearly $4,000,000,
making it the fourth most lucrative fishery in the Delaware
River Basin watershed, and proven management strategies are
available to increase oyster habitat, abundance, and harvest;
(9) the Delaware Bay has the second largest concentration of
shorebirds in North America and is designated as one of the 4
most important shorebird migration sites in the world;
(10) the Basin, 50 percent of which is forested, also has
over 700,000 acres of wetland, more than 126,000 acres of which
are recognized as internationally important, resulting in a
landscape that provides essential ecosystem services, including
recreation, commercial, and water quality benefits;
(11) much of the remaining exemplary natural landscape in
the Basin is vulnerable to further degradation, as the Basin
[[Page 130 STAT. 1772]]
gains approximately 10 square miles of developed land annually,
and with new development, urban watersheds are increasingly
covered by impervious surfaces, amplifying the quantity of
polluted runoff into rivers and streams;
(12) the Delaware River is the longest undammed river east
of the Mississippi; a critical component of the National Wild
and Scenic Rivers System in the Northeast, with more than 400
miles designated; home to one of the most heavily visited
National Park units in the United States, the Delaware Water Gap
National Recreation Area; and the location of 6 National
Wildlife Refuges;
(13) the Delaware River supports an internationally renowned
cold water fishery in more than 80 miles of its northern
headwaters that attracts tens of thousands of visitors each year
and generates over $21,000,000 in annual revenue through tourism
and recreational activities;
(14) management of water volume in the Basin is critical to
flood mitigation and habitat for fish and wildlife, and
following 3 major floods along the Delaware River since 2004,
the Governors of the States of Delaware, New Jersey, New York,
and Pennsylvania have called for natural flood damage reduction
measures to combat the problem, including restoring the function
of riparian corridors;
(15) the Delaware River Port Complex (including docking
facilities in the States of Delaware, New Jersey, and
Pennsylvania) is one of the largest freshwater ports in the
world, the Port of Philadelphia handles the largest volume of
international tonnage and 70 percent of the oil shipped to the
East Coast, and the Port of Wilmington, a full-service deepwater
port and marine terminal supporting more than 12,000 jobs, is
the busiest terminal on the Delaware River, handling more than
400 vessels per year with an annual import/export cargo tonnage
of more than 4,000,000 tons;
(16) the Delaware Estuary, where freshwater from the
Delaware River mixes with saltwater from the Atlantic Ocean, is
one of the largest and most complex of the 28 estuaries in the
National Estuary Program, and the Partnership for the Delaware
Estuary works to improve the environmental health of the
Delaware Estuary;
(17) the Delaware River Basin Commission is a Federal-
interstate compact government agency charged with overseeing a
unified approach to managing the river system and implementing
important water resources management projects and activities
throughout the Basin that are in the national interest;
(18) restoration activities in the Basin are supported
through several Federal and State agency programs, and funding
for those important programs should continue and complement the
establishment of the Delaware River Basin Restoration Program,
which is intended to build on and help coordinate restoration
and protection funding mechanisms at the Federal, State,
regional, and local levels; and
(19) the existing and ongoing voluntary conservation efforts
in the Delaware River Basin necessitate improved efficiency and
cost effectiveness, as well as increased private-sector
investments and coordination of Federal and non-Federal
resources.
[[Page 130 STAT. 1773]]
SEC. 3502. DEFINITIONS.
In this subtitle:
(1) Basin.--The term ``Basin'' means the 4-State Delaware
Basin region, including all of Delaware Bay and portions of the
States of Delaware, New Jersey, New York, and Pennsylvania
located in the Delaware River watershed.
(2) Basin state.--The term ``Basin State'' means each of the
States of Delaware, New Jersey, New York, and Pennsylvania.
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Grant program.--The term ``grant program'' means the
voluntary Delaware River Basin Restoration Grant Program
established under section 3504.
(5) Program.--The term ``program'' means the nonregulatory
Delaware River Basin restoration program established under
section 3503.
(6) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife to preserve and
improve ecosystems and ecological processes on which they
depend, and for use and enjoyment by the public.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director.
(8) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
SEC. 3503. PROGRAM ESTABLISHMENT.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a nonregulatory
program to be known as the ``Delaware River Basin restoration program''.
(b) Duties.--In carrying out the program, the Secretary shall--
(1) draw on existing plans for the Basin, or portions of the
Basin, and work in consultation with applicable management
entities, including representatives of the Partnership for the
Delaware Estuary, the Delaware River Basin Commission, the
Federal Government, and other State and local governments, and
regional organizations, as appropriate, to identify, prioritize,
and implement restoration and protection activities within the
Basin;
(2) adopt a Basinwide strategy that--
(A) supports the implementation of a shared set of
science-based restoration and protection activities
developed in accordance with paragraph (1);
(B) targets cost-effective projects with measurable
results; and
(C) maximizes conservation outcomes with no net gain
of Federal full-time equivalent employees; and
(3) establish the voluntary grant and technical assistance
programs in accordance with section 3504.
(c) Coordination.--In establishing the program, the Secretary shall
consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
[[Page 130 STAT. 1774]]
(B) the Administrator of the National Oceanic and
Atmospheric Administration;
(C) the Chief of the Natural Resources Conservation
Service;
(D) the Chief of Engineers; and
(E) the head of any other applicable agency;
(2) the Governors of the Basin States;
(3) the Partnership for the Delaware Estuary;
(4) the Delaware River Basin Commission;
(5) fish and wildlife joint venture partnerships; and
(6) other public agencies and organizations with authority
for the planning and implementation of conservation strategies
in the Basin.
(d) Purposes.--The purposes of the program include--
(1) coordinating restoration and protection activities among
Federal, State, local, and regional entities and conservation
partners throughout the Basin; and
(2) carrying out coordinated restoration and protection
activities, and providing for technical assistance throughout
the Basin and Basin States--
(A) to sustain and enhance fish and wildlife habitat
restoration and protection activities;
(B) to improve and maintain water quality to support
fish and wildlife, as well as the habitats of fish and
wildlife, and drinking water for people;
(C) to sustain and enhance water management for
volume and flood damage mitigation improvements to
benefit fish and wildlife habitat;
(D) to improve opportunities for public access and
recreation in the Basin consistent with the ecological
needs of fish and wildlife habitat;
(E) to facilitate strategic planning to maximize the
resilience of natural systems and habitats under
changing watershed conditions;
(F) to engage the public through outreach,
education, and citizen involvement, to increase capacity
and support for coordinated restoration and protection
activities in the Basin;
(G) to increase scientific capacity to support the
planning, monitoring, and research activities necessary
to carry out coordinated restoration and protection
activities; and
(H) to provide technical assistance to carry out
restoration and protection activities in the Basin.
SEC. 3504. GRANTS AND ASSISTANCE.
(a) Delaware River Basin Restoration Grant Program.--To the extent
that funds are available to carry out this section, the Secretary shall
establish a voluntary grant and technical assistance program to be known
as the ``Delaware River Basin Restoration Grant Program'' to provide
competitive matching grants of varying amounts to State and local
governments, nonprofit organizations, institutions of higher education,
and other eligible entities to carry out activities described in section
3503(d).
(b) Criteria.--The Secretary, in consultation with the organizations
described in section 3503(c), shall develop criteria for the grant
program to help ensure that activities funded under this section
accomplish one or more of the purposes identified in section
[[Page 130 STAT. 1775]]
3503(d)(2) and advance the implementation of priority actions or needs
identified in the Basinwide strategy adopted under section 3503(b)(2).
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a
project funded under the grant program shall not exceed 50
percent of the total cost of the activity, as determined by the
Secretary.
(2) Non-federal share.--The non-Federal share of the cost of
a project funded under the grant program may be provided in cash
or in the form of an in-kind contribution of services or
materials.
SEC. 3505. ANNUAL LETTER.
Not later than 180 days after the date of enactment of this Act and
annually thereafter, the Secretary shall submit to Congress a detailed
letter on the implementation of this subtitle, including a description
of each project that has received funding under this subtitle.
SEC. 3506. PROHIBITION ON USE OF FUNDS FOR FEDERAL ACQUISITION OF
INTERESTS IN LAND.
No funds may be appropriated or used under this subtitle for
acquisition by the Federal Government of any interest in land.
SEC. 3507. SUNSET.
This subtitle shall have no force or effect after September 30,
2023.
Subtitle F--Miscellaneous Provisions
SEC. 3601. BUREAU OF RECLAMATION DAKOTAS AREA OFFICE PERMIT FEES
FOR CABINS AND TRAILERS.
During the period ending 5 years after the date of enactment of this
Act, the Secretary of the Interior shall not increase the permit fee for
a cabin or trailer on land in the State of North Dakota administered by
the Dakotas Area Office of the Bureau of Reclamation by more than 33
percent of the permit fee that was in effect on January 1, 2016.
SEC. 3602. USE OF TRAILER HOMES AT HEART BUTTE DAM AND RESERVOIR
(LAKE TSCHIDA).
(a) Definitions.--In this section:
(1) Addition.--The term ``addition'' means any enclosed
structure added onto the structure of a trailer home that
increases the living area of the trailer home.
(2) Camper or recreational vehicle.--The term ``camper or
recreational vehicle'' includes--
(A) a camper, motorhome, trailer camper, bumper
hitch camper, fifth wheel camper, or equivalent mobile
shelter; and
(B) a recreational vehicle.
(3) Immediate family.--The term ``immediate family'' means a
spouse, grandparent, parent, sibling, child, or grandchild.
(4) Permit.--The term ``permit'' means a permit issued by
the Secretary authorizing the use of a lot in a trailer area.
[[Page 130 STAT. 1776]]
(5) Permit year.--The term ``permit year'' means the period
beginning on April 1 of a calendar year and ending on March 31
of the following calendar year.
(6) Permittee.--The term ``permittee'' means a person
holding a permit.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of Reclamation.
(8) Trailer area.--The term ``trailer area'' means any of
the following areas at Heart Butte Dam and Reservoir (Lake
Tschida) (as described in the document of the Bureau of
Reclamation entitled ``Heart Butte Reservoir Resource Management
Plan'' (March 2008)):
(A) Trailer Area 1 and 2, also known as Management
Unit 034.
(B) Southside Trailer Area, also known as Management
Unit 014.
(9) Trailer home.--The term ``trailer home'' means a
dwelling placed on a supporting frame that--
(A) has or had a tow-hitch; and
(B) is made mobile, or is capable of being made
mobile, by an axle and wheels.
(b) Permit Renewal and Permitted Use.--
(1) In general.--The Secretary shall use the same permit
renewal process for trailer area permits as the Secretary uses
for other permit renewals in other reservoirs in the State of
North Dakota administered by the Dakotas Area Office of the
Bureau of Reclamation.
(2) Trailer homes.--With respect to a trailer home, a permit
for each permit year shall authorize the permittee--
(A) to park the trailer home on the lot;
(B) to use the trailer home on the lot;
(C) to physically move the trailer home on and off
the lot; and
(D) to leave on the lot any addition, deck, porch,
entryway, step to the trailer home, propane tank, or
storage shed.
(3) Campers or recreational vehicles.--With respect to a
camper or recreational vehicle, a permit shall, for each permit
year--
(A) from April 1 to October 31, authorize the
permittee--
(i) to park the camper or recreational vehicle
on the lot;
(ii) to use the camper or recreational vehicle
on the lot; and
(iii) to move the camper or recreational
vehicle on and off the lot; and
(B) from November 1 to March 31, require a permittee
to remove the camper or recreational vehicle from the
lot.
(c) Removal.--
(1) In general.--The Secretary may require removal of a
trailer home from a lot in a trailer area if the trailer home is
flooded after the date of enactment of this Act.
[[Page 130 STAT. 1777]]
(2) Removal and new use.--If the Secretary requires removal
of a trailer home under paragraph (1), on request by the
permittee, the Secretary shall authorize the permittee--
(A) to replace the trailer home on the lot with a
camper or recreational vehicle in accordance with this
section; or
(B) to place a trailer home on the lot from April 1
to October 31.
(d) Transfer of Permits.--
(1) Transfer of trailer home title.--If a permittee
transfers title to a trailer home permitted on a lot in a
trailer area, the Secretary shall issue a permit to the
transferee, under the same terms as the permit applicable on the
date of transfer, subject to the conditions described in
paragraph (3).
(2) Transfer of camper or recreational vehicle title.--If a
permittee who has a permit to use a camper or recreational
vehicle on a lot in a trailer area transfers title to the
interests of the permittee on or to the lot, the Secretary shall
issue a permit to the transferee, subject to the conditions
described in paragraph (3).
(3) Conditions.--A permit issued by the Secretary under
paragraph (1) or (2) shall be subject to the following
conditions:
(A) A permit may not be held in the name of a
corporation.
(B) A permittee may not have an interest in, or
control of, more than 1 seasonal trailer home site in
the Great Plains Region of the Bureau of Reclamation,
inclusive of sites located on tracts permitted to
organized groups on Reclamation reservoirs.
(C) Not more than 2 persons may be permittees under
1 permit, unless--
(i) approved by the Secretary; or
(ii) the additional persons are immediate
family members of the permittees.
(e) Anchoring Requirements for Trailer Homes.--The Secretary shall
require compliance with appropriate anchoring requirements for each
trailer home (including additions to the trailer home) and other objects
on a lot in a trailer area, as determined by the Secretary, after
consulting with permittees.
(f) Replacement, Removal, and Return.--
(1) Replacement.--Permittees may replace their trailer home
with another trailer home.
(2) Removal and return.--Permittees may--
(A) remove their trailer home; and
(B) if the permittee removes their trailer home
under subparagraph (A), return the trailer home to the
lot of the permittee.
(g) Liability; Taking.--
(1) Liability.--The United States shall not be liable for
flood damage to the personal property of a permittee or for
damages arising out of any act, omission, or occurrence relating
to a lot to which a permit applies, other than for damages
caused by an act or omission of the United States or an
employee, agent, or contractor of the United States before the
date of enactment of this Act.
[[Page 130 STAT. 1778]]
(2) Taking.--Any temporary flooding or flood damage to the
personal property of a permittee shall not be a taking by the
United States.
SEC. 3603. LAKE TAHOE RESTORATION.
(a) Findings and Purposes.--The Lake Tahoe Restoration Act (Public
Law 106-506; 114 Stat. 2351) is amended by striking section 2 and
inserting the following:
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
``(1) Lake Tahoe--
``(A) is one of the largest, deepest, and clearest
lakes in the world;
``(B) has a cobalt blue color, a biologically
diverse alpine setting, and remarkable water clarity;
and
``(C) is recognized nationally and worldwide as a
natural resource of special significance;
``(2) in addition to being a scenic and ecological treasure,
the Lake Tahoe Basin is one of the outstanding recreational
resources of the United States, which--
``(A) offers skiing, water sports, biking, camping,
and hiking to millions of visitors each year; and
``(B) contributes significantly to the economies of
California, Nevada, and the United States;
``(3) the economy in the Lake Tahoe Basin is dependent on
the conservation and restoration of the natural beauty and
recreation opportunities in the area;
``(4) the ecological health of the Lake Tahoe Basin
continues to be challenged by the impacts of land use and
transportation patterns developed in the last century;
``(5) the alteration of wetland, wet meadows, and stream
zone habitat have compromised the capacity of the watershed to
filter sediment, nutrients, and pollutants before reaching Lake
Tahoe;
``(6) forests in the Lake Tahoe Basin suffer from over a
century of fire damage and periodic drought, which have resulted
in--
``(A) high tree density and mortality;
``(B) the loss of biological diversity; and
``(C) a large quantity of combustible forest fuels,
which significantly increases the threat of catastrophic
fire and insect infestation;
``(7) the establishment of several aquatic and terrestrial
invasive species (including perennial pepperweed, milfoil, and
Asian clam) threatens the ecosystem of the Lake Tahoe Basin;
``(8) there is an ongoing threat to the economy and
ecosystem of the Lake Tahoe Basin of the introduction and
establishment of other invasive species (such as yellow
starthistle, New Zealand mud snail, Zebra mussel, and quagga
mussel);
``(9) 78 percent of the land in the Lake Tahoe Basin is
administered by the Federal Government, which makes it a Federal
responsibility to restore ecological health to the Lake Tahoe
Basin;
``(10) the Federal Government has a long history of
environmental stewardship at Lake Tahoe, including--
[[Page 130 STAT. 1779]]
``(A) congressional consent to the establishment of
the Planning Agency with--
``(i) the enactment in 1969 of Public Law 91-
148 (83 Stat. 360); and
``(ii) the enactment in 1980 of Public Law 96-
551 (94 Stat. 3233);
``(B) the establishment of the Lake Tahoe Basin
Management Unit in 1973;
``(C) the enactment of Public Law 96-586 (94 Stat.
3381) in 1980 to provide for the acquisition of
environmentally sensitive land and erosion control
grants in the Lake Tahoe Basin;
``(D) the enactment of sections 341 and 342 of the
Department of the Interior and Related Agencies
Appropriations Act, 2004 (Public Law 108-108; 117 Stat.
1317), which amended the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 112 Stat.
2346) to provide payments for the environmental
restoration programs under this Act; and
``(E) the enactment of section 382 of the Tax Relief
and Health Care Act of 2006 (Public Law 109-432; 120
Stat. 3045), which amended the Southern Nevada Public
Land Management Act of 1998 (Public Law 105-263; 112
Stat. 2346) to authorize development and implementation
of a comprehensive 10-year hazardous fuels and fire
prevention plan for the Lake Tahoe Basin;
``(11) the Assistant Secretary was an original signatory in
1997 to the Agreement of Federal Departments on Protection of
the Environment and Economic Health of the Lake Tahoe Basin;
``(12) the Chief of Engineers, under direction from the
Assistant Secretary, has continued to be a significant
contributor to Lake Tahoe Basin restoration, including--
``(A) stream and wetland restoration; and
``(B) programmatic technical assistance;
``(13) at the Lake Tahoe Presidential Forum in 1997, the
President renewed the commitment of the Federal Government to
Lake Tahoe by--
``(A) committing to increased Federal resources for
ecological restoration at Lake Tahoe; and
``(B) establishing the Federal Interagency
Partnership and Federal Advisory Committee to consult on
natural resources issues concerning the Lake Tahoe
Basin;
``(14) at the 2011 and 2012 Lake Tahoe Forums, Senator Reid,
Senator Feinstein, Senator Heller, Senator Ensign, Governor
Gibbons, Governor Sandoval, and Governor Brown--
``(A) renewed their commitment to Lake Tahoe; and
``(B) expressed their desire to fund the Federal and
State shares of the Environmental Improvement Program
through 2022;
``(15) since 1997, the Federal Government, the States of
California and Nevada, units of local government, and the
private sector have contributed more than $1,955,500,000 to the
Lake Tahoe Basin, including--
``(A) $635,400,000 from the Federal Government;
``(B) $758,600,000 from the State of California;
``(C) $123,700,000 from the State of Nevada;
[[Page 130 STAT. 1780]]
``(D) $98,900,000 from units of local government;
and
``(E) $338,900,000 from private interests;
``(16) significant additional investment from Federal,
State, local, and private sources is necessary--
``(A) to restore and sustain the ecological health
of the Lake Tahoe Basin;
``(B) to adapt to the impacts of fluctuating water
temperature and precipitation; and
``(C) to prevent the introduction and establishment
of invasive species in the Lake Tahoe Basin; and
``(17) the Secretary has indicated that the Lake Tahoe Basin
Management Unit has the capacity for at least $10,000,000
annually for the Fire Risk Reduction and Forest Management
Program.
``(b) Purposes.--The purposes of this Act are--
``(1) to enable the Chief of the Forest Service, the
Director of the United States Fish and Wildlife Service, and the
Administrator, in cooperation with the Planning Agency and the
States of California and Nevada, to fund, plan, and implement
significant new environmental restoration activities and forest
management activities in the Lake Tahoe Basin;
``(2) to ensure that Federal, State, local, regional,
tribal, and private entities continue to work together to manage
land in the Lake Tahoe Basin;
``(3) to support local governments in efforts related to
environmental restoration, stormwater pollution control, fire
risk reduction, and forest management activities; and
``(4) to ensure that agency and science community
representatives in the Lake Tahoe Basin work together--
``(A) to develop and implement a plan for integrated
monitoring, assessment, and applied research to evaluate
the effectiveness of the Environmental Improvement
Program; and
``(B) to provide objective information as a basis
for ongoing decisionmaking, with an emphasis on
decisionmaking relating to resource management in the
Lake Tahoe Basin.''.
(b) Definitions.--The Lake Tahoe Restoration Act (Public Law 106-
506; 114 Stat. 2351) is amended by striking section 3 and inserting the
following:
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of the Army for Civil Works.
``(3) Chair.--The term `Chair' means the Chair of the
Federal Partnership.
``(4) Compact.--The term `Compact' means the Tahoe Regional
Planning Compact included in the first section of Public Law 96-
551 (94 Stat. 3233).
``(5) Directors.--The term `Directors' means--
``(A) the Director of the United States Fish and
Wildlife Service; and
``(B) the Director of the United States Geological
Survey.
[[Page 130 STAT. 1781]]
``(6) Environmental improvement program.--The term
`Environmental Improvement Program' means--
``(A) the Environmental Improvement Program adopted
by the Planning Agency; and
``(B) any amendments to the Program.
``(7) Environmental threshold carrying capacity.--The term
`environmental threshold carrying capacity' has the meaning
given the term in Article II of the Compact.
``(8) Federal partnership.--The term `Federal Partnership'
means the Lake Tahoe Federal Interagency Partnership established
by Executive Order 13057 (62 Fed. Reg. 41249) (or a successor
Executive order).
``(9) Forest management activity.--The term `forest
management activity' includes--
``(A) prescribed burning for ecosystem health and
hazardous fuels reduction;
``(B) mechanical and minimum tool treatment;
``(C) stream environment zone restoration and other
watershed and wildlife habitat enhancements;
``(D) nonnative invasive species management; and
``(E) other activities consistent with Forest
Service practices, as the Secretary determines to be
appropriate.
``(10) Maps.--The term `Maps' means the maps--
``(A) entitled--
``(i) `LTRA USFS-CA Land Exchange/North
Shore';
``(ii) `LTRA USFS-CA Land Exchange/West
Shore'; and
``(iii) `LTRA USFS-CA Land Exchange/South
Shore'; and
``(B) dated January 4, 2016, and on file and
available for public inspection in the appropriate
offices of--
``(i) the Forest Service;
``(ii) the California Tahoe Conservancy; and
``(iii) the California Department of Parks and
Recreation.
``(11) National wildland fire code.--The term `national
wildland fire code' means--
``(A) the most recent publication of the National
Fire Protection Association codes numbered 1141, 1142,
1143, and 1144;
``(B) the most recent publication of the
International Wildland-Urban Interface Code of the
International Code Council; or
``(C) any other code that the Secretary determines
provides the same, or better, standards for protection
against wildland fire as a code described in
subparagraph (A) or (B).
``(12) Planning agency.--The term `Planning Agency' means
the Tahoe Regional Planning Agency established under Public Law
91-148 (83 Stat. 360) and Public Law 96-551 (94 Stat. 3233).
``(13) Priority list.--The term `Priority List' means the
environmental restoration priority list developed under section
5(b).
``(14) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
[[Page 130 STAT. 1782]]
``(15) Stream environment zone.--The term `Stream
Environment Zone' means an area that generally owes the
biological and physical characteristics of the area to the
presence of surface water or groundwater.
``(16) Total maximum daily load.--The term `total maximum
daily load' means the total maximum daily load allocations
adopted under section 303(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1313(d)).
``(17) Watercraft.--The term `watercraft' means motorized
and non-motorized watercraft, including boats, seaplanes,
personal watercraft, kayaks, and canoes.''.
(c) Improved Administration of the Lake Tahoe Basin Management
Unit.--Section 4 of the Lake Tahoe Restoration Act (Public Law 106-506;
114 Stat. 2353) is amended--
(1) in subsection (b)(3), by striking ``basin'' and
inserting ``Basin''; and
(2) by adding at the end the following:
``(c) Forest Management Activities.--
``(1) Coordination.--
``(A) In general.--In conducting forest management
activities in the Lake Tahoe Basin Management Unit, the
Secretary shall, as appropriate, coordinate with the
Administrator and State and local agencies and
organizations, including local fire departments and
volunteer groups.
``(B) Goals.--The coordination of activities under
subparagraph (A) should aim to increase efficiencies and
maximize the compatibility of management practices
across public property boundaries.
``(2) Multiple benefits.--
``(A) In general.--In conducting forest management
activities in the Lake Tahoe Basin Management Unit, the
Secretary shall conduct the activities in a manner
that--
``(i) except as provided in subparagraph (B),
attains multiple ecosystem benefits, including--
``(I) reducing forest fuels;
``(II) maintaining biological
diversity;
``(III) improving wetland and water
quality, including in Stream Environment
Zones; and
``(IV) increasing resilience to
changing water temperature and
precipitation; and
``(ii) helps achieve and maintain the
environmental threshold carrying capacities
established by the Planning Agency.
``(B) Exception.--Notwithstanding subparagraph
(A)(i), the attainment of multiple ecosystem benefits
shall not be required if the Secretary determines that
management for multiple ecosystem benefits would
excessively increase the cost of a program in relation
to the additional ecosystem benefits gained from the
management activity.
``(3) Ground disturbance.--Consistent with applicable
Federal law and Lake Tahoe Basin Management Unit land and
resource management plan direction, the Secretary shall--
``(A) establish post-program ground condition
criteria for ground disturbance caused by forest
management activities; and
[[Page 130 STAT. 1783]]
``(B) provide for monitoring to ascertain the
attainment of the post-program conditions.
``(4) Availability of categorical exclusion for certain
forest management projects.--A forest management activity
conducted in the Lake Tahoe Basin Management Unit for the
purpose of reducing forest fuels is categorically excluded from
the requirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) if the forest management
activity--
``(A) notwithstanding section 423 of the Department
of the Interior, Environment, and Related Agencies
Appropriations Act, 2009 (division E of Public Law 111-
8; 123 Stat. 748), does not exceed 10,000 acres,
including not more than 3,000 acres of mechanical
thinning;
``(B) is developed--
``(i) in coordination with impacted parties,
specifically including representatives of local
governments, such as county supervisors or county
commissioners; and
``(ii) in consultation with other interested
parties; and
``(C) is consistent with the Lake Tahoe Basin
Management Unit land and resource management plan.
``(d) Withdrawal of Federal Land.--
``(1) In general.--Subject to valid existing rights and
paragraph (2), the Federal land located in the Lake Tahoe Basin
Management Unit is withdrawn from--
``(A) all forms of entry, appropriation, or disposal
under the public land laws;
``(B) location, entry, and patent under the mining
laws; and
``(C) disposition under all laws relating to mineral
and geothermal leasing.
``(2) Exceptions.--A conveyance of land shall be exempt from
withdrawal under this subsection if carried out under--
``(A) this Act; or
``(B) Public Law 96-586 (94 Stat. 3381) (commonly
known as the `Santini-Burton Act').
``(e) Environmental Threshold Carrying Capacity.--The Lake Tahoe
Basin Management Unit shall support the attainment of the environmental
threshold carrying capacities.
``(f) Cooperative Authorities.--During the 4 fiscal years following
the date of enactment of the Water Resources Development Act of 2016,
the Secretary, in conjunction with land adjustment programs, may enter
into contracts and cooperative agreements with States, units of local
government, and other public and private entities to provide for fuel
reduction, erosion control, reforestation, Stream Environment Zone
restoration, and similar management activities on Federal land and non-
Federal land within the programs.''.
(d) Authorized Programs.--The Lake Tahoe Restoration Act (Public Law
106-506; 114 Stat. 2351) is amended by striking section 5 and inserting
the following:
``SEC. 5. AUTHORIZED PROGRAMS.
``(a) In General.--The Secretary, the Assistant Secretary, the
Directors, and the Administrator, in coordination with the Planning
[[Page 130 STAT. 1784]]
Agency and the States of California and Nevada, may carry out or provide
financial assistance to any program that--
``(1) is described in subsection (d);
``(2) is included in the Priority List under subsection (b);
and
``(3) furthers the purposes of the Environmental Improvement
Program if the program has been subject to environmental review
and approval, respectively, as required under Federal law,
Article VII of the Compact, and State law, as applicable.
``(b) Priority List.--
``(1) Deadline.--Not later than March 15 of the year after
the date of enactment of the Water Resources Development Act of
2016, the Chair, in consultation with the Secretary, the
Administrator, the Directors, the Planning Agency, the States of
California and Nevada, the Federal Partnership, the Washoe
Tribe, the Lake Tahoe Federal Advisory Committee, and the Tahoe
Science Consortium (or a successor organization) shall submit to
Congress a prioritized Environmental Improvement Program list
for the Lake Tahoe Basin for the program categories described in
subsection (d).
``(2) Criteria.--The ranking of the Priority List shall be
based on the best available science and the following criteria:
``(A) The 4-year threshold carrying capacity
evaluation.
``(B) The ability to measure progress or success of
the program.
``(C) The potential to significantly contribute to
the achievement and maintenance of the environmental
threshold carrying capacities identified in Article II
of the Compact.
``(D) The ability of a program to provide multiple
benefits.
``(E) The ability of a program to leverage non-
Federal contributions.
``(F) Stakeholder support for the program.
``(G) The justification of Federal interest.
``(H) Agency priority.
``(I) Agency capacity.
``(J) Cost-effectiveness.
``(K) Federal funding history.
``(3) Revisions.--The Priority List submitted under
paragraph (1) shall be revised every 2 years.
``(4) Funding.--Of the amounts made available under section
10(a), $80,000,000 shall be made available to the Secretary to
carry out projects listed on the Priority List.
``(c) Restriction.--The Administrator shall use not more than 3
percent of the funds provided under subsection (a) for administering the
programs described in paragraphs (1) and (2) of subsection (d).
``(d) Description of Activities.--
``(1) Fire risk reduction and forest management.--
``(A) In general.--Of the amounts made available
under section 10(a), $150,000,000 shall be made
available to the Secretary to carry out, including by
making grants, the following programs:
``(i) Programs identified as part of the Lake
Tahoe Basin Multi-Jurisdictional Fuel Reduction
and Wildfire Prevention Strategy 10-Year Plan.
[[Page 130 STAT. 1785]]
``(ii) Competitive grants for fuels work to be
awarded by the Secretary to communities that have
adopted national wildland fire codes to implement
the applicable portion of the 10-year plan
described in clause (i).
``(iii) Biomass programs, including
feasibility assessments.
``(iv) Angora Fire Restoration under the
jurisdiction of the Secretary.
``(v) Washoe Tribe programs on tribal lands
within the Lake Tahoe Basin.
``(vi) Development of an updated Lake Tahoe
Basin multijurisdictional fuel reduction and
wildfire prevention strategy, consistent with
section 4(c).
``(vii) Development of updated community
wildfire protection plans by local fire districts.
``(viii) Municipal water infrastructure that
significantly improves the firefighting capability
of local government within the Lake Tahoe Basin.
``(ix) Stewardship end result contracting
projects carried out under section 604 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591c).
``(B) Minimum allocation.--Of the amounts made
available to the Secretary to carry out subparagraph
(A), at least $100,000,000 shall be used by the
Secretary for programs under subparagraph (A)(i).
``(C) Priority.--Units of local government that have
dedicated funding for inspections and enforcement of
defensible space regulations shall be given priority for
amounts provided under this paragraph.
``(D) Cost-sharing requirements.--
``(i) In general.--As a condition on the
receipt of funds, communities or local fire
districts that receive funds under this paragraph
shall provide a 25-percent match.
``(ii) Form of non-federal share.--
``(I) In general.--The non-Federal
share required under clause (i) may be
in the form of cash contributions or in-
kind contributions, including providing
labor, equipment, supplies, space, and
other operational needs.
``(II) Credit for certain dedicated
funding.--There shall be credited toward
the non-Federal share required under
clause (i) any dedicated funding of the
communities or local fire districts for
a fuels reduction management program,
defensible space inspections, or
dooryard chipping.
``(III) Documentation.--Communities
and local fire districts shall--
``(aa) maintain a record of
in-kind contributions that
describes--
``(AA) the monetary
value of the in-kind
contributions; and
``(BB) the manner in
which the in-kind
contributions assist in
accomplishing program goals
and objectives; and
[[Page 130 STAT. 1786]]
``(bb) document in all
requests for Federal funding,
and include in the total program
budget, evidence of the
commitment to provide the non-
Federal share through in-kind
contributions.
``(2) Invasive species management.--
``(A) In general.--Of the amounts made available
under section 10(a), $45,000,000 shall be made available
to the Director of the United States Fish and Wildlife
Service for the Aquatic Invasive Species Program and the
watercraft inspections described in subparagraph (B).
``(B) Description of activities.--The Director of
the United States Fish and Wildlife Service, in
coordination with the Assistant Secretary, the Planning
Agency, the California Department of Fish and Wildlife,
and the Nevada Department of Wildlife, shall deploy
strategies consistent with the Lake Tahoe Aquatic
Invasive Species Management Plan to prevent the
introduction or spread of aquatic invasive species in
the Lake Tahoe region.
``(C) Criteria.--The strategies referred to in
subparagraph (B) shall provide that--
``(i) combined inspection and decontamination
stations be established and operated at not less
than 2 locations in the Lake Tahoe region; and
``(ii) watercraft not be allowed to launch in
waters of the Lake Tahoe region if the watercraft
has not been inspected in accordance with the Lake
Tahoe Aquatic Invasive Species Management Plan.
``(D) Certification.--The Planning Agency may
certify State and local agencies to perform the
decontamination activities described in subparagraph
(C)(i) at locations outside the Lake Tahoe Basin if
standards at the sites meet or exceed standards for
similar sites in the Lake Tahoe Basin established under
this paragraph.
``(E) Applicability.--The strategies and criteria
developed under this paragraph shall apply to all
watercraft to be launched on water within the Lake Tahoe
region.
``(F) Fees.--The Director of the United States Fish
and Wildlife Service may collect and spend fees for
decontamination only at a level sufficient to cover the
costs of operation of inspection and decontamination
stations under this paragraph.
``(G) Civil penalties.--
``(i) In general.--Any person that launches,
attempts to launch, or facilitates launching of
watercraft not in compliance with strategies
deployed under this paragraph shall be liable for
a civil penalty in an amount not to exceed $1,000
per violation.
``(ii) Other authorities.--Any penalties
assessed under this subparagraph shall be separate
from penalties assessed under any other authority.
``(H) Limitation.--The strategies and criteria under
subparagraphs (B) and (C), respectively, may be modified
if the Secretary of the Interior, in a nondelegable
capacity and in consultation with the Planning Agency
and State governments, issues a determination that
alternative measures will be no less effective at
preventing introduction
[[Page 130 STAT. 1787]]
of aquatic invasive species into Lake Tahoe than the
strategies and criteria developed under subparagraphs
(B) and (C), respectively.
``(I) Supplemental authority.--The authority under
this paragraph is supplemental to all actions taken by
non-Federal regulatory authorities.
``(J) Savings clause.--Nothing in this title
restricts, affects, or amends any other law or the
authority of any department, instrumentality, or agency
of the United States, or any State or political
subdivision thereof, respecting the control of invasive
species.
``(3) Stormwater management, erosion control, and total
watershed restoration.--Of the amounts made available under
section 10(a), $113,000,000 shall be made available--
``(A) to the Secretary, the Secretary of the
Interior, the Assistant Secretary, or the Administrator
for the Federal share of stormwater management and
related programs consistent with the adopted Total
Maximum Daily Load and near-shore water quality goals;
``(B) for grants by the Secretary and the
Administrator to carry out the programs described in
subparagraph (A);
``(C) to the Secretary or the Assistant Secretary
for the Federal share of the Upper Truckee River
restoration programs and other watershed restoration
programs identified in the Priority List established
under section 5(b); and
``(D) for grants by the Administrator to carry out
the programs described in subparagraph (C).
``(4) Special status species management.--Of the amounts
made available under section 10(a), $20,000,000 shall be made
available to the Director of the United States Fish and Wildlife
Service for the Lahontan Cutthroat Trout Recovery Program.''.
(e) Program Performance and Accountability.--The Lake Tahoe
Restoration Act (Public Law 106-506; 114 Stat. 2351) is amended by
striking section 6 and inserting the following:
``SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.
``(a) Program Performance and Accountability.--
``(1) In general.--Of the amounts made available under
section 10(a), not less than $5,000,000 shall be made available
to the Secretary to carry out this section.
``(2) Planning agency.--Of the amounts described in
paragraph (1), not less than 50 percent shall be made available
to the Planning Agency to carry out the program oversight and
coordination activities established under subsection (d).
``(b) Consultation.--In carrying out this Act, the Secretary, the
Administrator, and the Directors shall, as appropriate and in a timely
manner, consult with the heads of the Washoe Tribe, applicable Federal,
State, regional, and local governmental agencies, and the Lake Tahoe
Federal Advisory Committee.
``(c) Corps of Engineers; Interagency Agreements.--
``(1) In general.--The Assistant Secretary may enter into
interagency agreements with non-Federal interests in the Lake
[[Page 130 STAT. 1788]]
Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous General
Investigations funds to provide programmatic technical
assistance for the Environmental Improvement Program.
``(2) Local cooperation agreements.--
``(A) In general.--Before providing technical
assistance under this section, the Assistant Secretary
shall enter into a local cooperation agreement with a
non-Federal interest to provide for the technical
assistance.
``(B) Components.--The agreement entered into under
subparagraph (A) shall--
``(i) describe the nature of the technical
assistance;
``(ii) describe any legal and institutional
structures necessary to ensure the effective long-
term viability of the end products by the non-
Federal interest; and
``(iii) include cost-sharing provisions in
accordance with subparagraph (C).
``(C) Federal share.--
``(i) In general.--The Federal share of
program costs under each local cooperation
agreement under this paragraph shall be 65
percent.
``(ii) Form.--The Federal share may be in the
form of reimbursements of program costs.
``(iii) Credit.--The non-Federal interest may
receive credit toward the non-Federal share for
the reasonable costs of related technical
activities completed by the non-Federal interest
before entering into a local cooperation agreement
with the Assistant Secretary under this paragraph.
``(d) Effectiveness Evaluation and Monitoring.--In carrying out this
Act, the Secretary, the Administrator, and the Directors, in
coordination with the Planning Agency and the States of California and
Nevada, shall--
``(1) develop and implement a plan for integrated
monitoring, assessment, and applied research to evaluate the
effectiveness of the Environmental Improvement Program;
``(2) include funds in each program funded under this
section for monitoring and assessment of results at the program
level; and
``(3) use the integrated multiagency performance measures
established under this section.
``(e) Reporting Requirements.--Not later than March 15 of each year,
the Secretary, in cooperation with the Chair, the Administrator, the
Directors, the Planning Agency, and the States of California and Nevada,
consistent with subsection (a), shall submit to Congress a report that
describes--
``(1) the status of all Federal, State, local, and private
programs authorized under this Act, including to the maximum
extent practicable, for programs that will receive Federal funds
under this Act during the current or subsequent fiscal year--
``(A) the program scope;
``(B) the budget for the program; and
``(C) the justification for the program, consistent
with the criteria established in section 5(b)(2);
``(2) Federal, State, local, and private expenditures in the
preceding fiscal year to implement the Environmental Improvement
Program;
[[Page 130 STAT. 1789]]
``(3) accomplishments in the preceding fiscal year in
implementing this Act in accordance with the performance
measures and other monitoring and assessment activities; and
``(4) public education and outreach efforts undertaken to
implement programs authorized under this Act.
``(f) Annual Budget Plan.--As part of the annual budget of the
President, the President shall submit information regarding each Federal
agency involved in the Environmental Improvement Program (including the
Forest Service, the Environmental Protection Agency, the United States
Fish and Wildlife Service, the United States Geological Survey, and the
Corps of Engineers), including--
``(1) an interagency crosscut budget that displays the
proposed budget for use by each Federal agency in carrying out
restoration activities relating to the Environmental Improvement
Program for the following fiscal year;
``(2) a detailed accounting of all amounts received and
obligated by Federal agencies to achieve the goals of the
Environmental Improvement Program during the preceding fiscal
year; and
``(3) a description of the Federal role in the Environmental
Improvement Program, including the specific role of each agency
involved in the restoration of the Lake Tahoe Basin.''.
(f) Conforming Amendments; Updates to Related Laws.--
(1) Lake tahoe restoration act.--The Lake Tahoe Restoration
Act (Public Law 106-506; 114 Stat. 2351) is amended--
(A) by striking sections 8 and 9;
(B) by redesignating sections 10, 11, and 12 as
sections 8, 9, and 10, respectively; and
(C) in section 9 (as redesignated by subparagraph
(B)) by inserting ``, Director, or Administrator'' after
``Secretary''.
(2) Tahoe regional planning compact.--Subsection (c) of
Article V of the Tahoe Regional Planning Compact (Public Law 96-
551; 94 Stat. 3240) is amended in the third sentence by
inserting ``and, in so doing, shall ensure that the regional
plan reflects changing economic conditions and the economic
effect of regulation on commerce'' after ``maintain the regional
plan''.
(3) Treatment under title 49, united states code.--Section
5303(r)(2)(C) of title 49, United States Code, is amended--
(A) by inserting ``and 25 square miles of land
area'' after ``145,000''; and
(B) by inserting ``and 12 square miles of land
area'' after ``65,000''.
(g) Authorization of Appropriations.--The Lake Tahoe Restoration Act
(Public Law 106-506; 114 Stat. 2351) is amended by striking section 10
(as redesignated by subsection (f)(1)(B)) and inserting the following:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $415,000,000 for a period of 7 fiscal
years beginning the first fiscal year after the date of enactment of the
Water Resources Development Act of 2016.
``(b) Effect on Other Funds.--Amounts authorized under this section
and any amendments made by this Act--
[[Page 130 STAT. 1790]]
``(1) shall be in addition to any other amounts made
available to the Secretary, the Administrator, or the Directors
for expenditure in the Lake Tahoe Basin; and
``(2) shall not reduce allocations for other Regions of the
Forest Service, the Environmental Protection Agency, or the
United States Fish and Wildlife Service.
``(c) Cost-sharing Requirement.--Except as provided in subsection
(d) and section 5(d)(1)(D), funds for activities carried out under
section 5 shall be available for obligation on a 1-to-1 basis with
funding of restoration activities in the Lake Tahoe Basin by the States
of California and Nevada.
``(d) Relocation Costs.--Notwithstanding subsection (c), the
Secretary shall provide to local utility districts two-thirds of the
costs of relocating facilities in connection with--
``(1) environmental restoration programs under sections 5
and 6; and
``(2) erosion control programs under section 2 of Public Law
96-586 (94 Stat. 3381).
``(e) Signage.--To the maximum extent practicable, a program
provided assistance under this Act shall include appropriate signage at
the program site that--
``(1) provides information to the public on--
``(A) the amount of Federal funds being provided to
the program; and
``(B) this Act; and
``(2) displays the visual identity mark of the Environmental
Improvement Program.''.
(1) Land transfers to improve management efficiencies of
federal and state land.--Section 3(b) of Public Law 96-586 (94
Stat. 3384) (commonly known as the ``Santini-Burton Act'') is
amended--
(A) by striking ``(b) Lands'' and inserting the
following:
``(b) Administration of Acquired Land.--
``(1) In general.--Land''; and
(B) by adding at the end the following:
``(2) California conveyances.--
``(A) In general.--If the State of California
(acting through the California Tahoe Conservancy and the
California Department of Parks and Recreation) offers to
donate to the United States the non-Federal land
described in subparagraph (B)(i), the Secretary--
``(i) may accept the offer; and
``(ii) convey to the State of California,
subject to valid existing rights and for no
consideration, all right, title, and interest of
the United States in and to the Federal land.
``(B) Description of land.--
``(i) Non-federal land.--The non-Federal land
referred to in subparagraph (A) includes--
``(I) the approximately 1,936 acres
of land administered by the California
Tahoe Conservancy and identified on the
Maps as `Tahoe Conservancy to the USFS';
and
``(II) the approximately 183 acres
of land administered by California State
Parks and identified on the Maps as
`Total USFS to California'.
[[Page 130 STAT. 1791]]
``(ii) Federal land.--The Federal land
referred to in subparagraph (A) includes the
approximately 1,995 acres of Forest Service land
identified on the Maps as `U.S. Forest Service to
Conservancy and State Parks'.
``(C) Conditions.--Any land conveyed under this
paragraph shall--
``(i) be for the purpose of consolidating
Federal and State ownerships and improving
management efficiencies;
``(ii) not result in any significant changes
in the uses of the land; and
``(iii) be subject to the condition that the
applicable deed include such terms, restrictions,
covenants, conditions, and reservations as the
Secretary determines necessary--
``(I) to ensure compliance with this
Act; and
``(II) to ensure that the transfer
of development rights associated with
the conveyed parcels shall not be
recognized or available for transfer
under chapter 51 of the Code of
Ordinances for the Tahoe Regional
Planning Agency.
``(D) Continuation of special use permits.--The land
conveyance under this paragraph shall be subject to the
condition that the State of California accept all
special use permits applicable, as of the date of
enactment of the Water Resources Development Act of
2016, to the land described in subparagraph (B)(ii) for
the duration of the special use permits, and subject to
the terms and conditions of the special use permits.
``(3) Nevada conveyances.--
``(A) In general.--In accordance with this section
and on request by the Governor of Nevada, the Secretary
may transfer the land or interests in land described in
subparagraph (B) to the State of Nevada without
consideration, subject to appropriate deed restrictions
to protect the environmental quality and public
recreational use of the land transferred.
``(B) Description of land.--The land referred to in
subparagraph (A) includes--
``(i) the approximately 38.68 acres of Forest
Service land identified on the map entitled `State
of Nevada Conveyances' as `Van Sickle Unit USFS
Inholding'; and
``(ii) the approximately 92.28 acres of Forest
Service land identified on the map entitled `State
of Nevada Conveyances' as `Lake Tahoe Nevada State
Park USFS Inholding'.
``(C) Conditions.--Any land conveyed under this
paragraph shall--
``(i) be for the purpose of consolidating
Federal and State ownerships and improving
management efficiencies;
``(ii) not result in any significant changes
in the uses of the land; and
[[Page 130 STAT. 1792]]
``(iii) be subject to the condition that the
applicable deed include such terms, restrictions,
covenants, conditions, and reservations as the
Secretary determines necessary--
``(I) to ensure compliance with this
Act; and
``(II) to ensure that the
development rights associated with the
conveyed parcels shall not be recognized
or available for transfer under section
90.2 of the Code of Ordinances for the
Tahoe Regional Planning Agency.
``(D) Continuation of special use permits.--The land
conveyance under this paragraph shall be subject to the
condition that the State of Nevada accept all special
use permits applicable, as of the date of enactment of
the Water Resources Development Act of 2016, to the land
described in subparagraph (B)(ii) for the duration of
the special use permits, and subject to the terms and
conditions of the special use permits.
``(4) Authorization for conveyance of forest service urban
lots.--
``(A) Conveyance authority.--Except in the case of
land described in paragraphs (2) and (3), the Secretary
of Agriculture may convey any urban lot within the Lake
Tahoe Basin under the administrative jurisdiction of the
Forest Service.
``(B) Consideration.--A conveyance under
subparagraph (A) shall require consideration in an
amount equal to the fair market value of the conveyed
lot.
``(C) Availability and use.--The proceeds from a
conveyance under subparagraph (A) shall be retained by
the Secretary of Agriculture and used for--
``(i) purchasing inholdings throughout the
Lake Tahoe Basin; or
``(ii) providing additional funds to carry out
the Lake Tahoe Restoration Act (Public Law 106-
506; 114 Stat. 2351) in excess of amounts made
available under section 10 of that Act.
``(D) Obligation limit.--The obligation and
expenditure of proceeds retained under this paragraph
shall be subject to such fiscal year limitation as may
be specified in an Act making appropriations for the
Forest Service for a fiscal year.
``(5) Reversion.--If a parcel of land transferred under
paragraph (2) or (3) is used in a manner that is inconsistent
with the use described for the parcel of land in paragraph (2)
or (3), respectively, the parcel of land, shall, at the
discretion of the Secretary, revert to the United States.
``(6) Funding.--
``(A) In general.--Of the amounts made available
under section 10(a) of the Lake Tahoe Restoration Act
(Public Law 106-506; 114 Stat. 2351), $2,000,000 shall
be made available to the Secretary to carry out the
activities under paragraphs (2), (3), and (4).
``(B) Other funds.--Of the amounts available to the
Secretary under paragraph (1), not less than 50 percent
shall be provided to the California Tahoe Conservancy to
[[Page 130 STAT. 1793]]
facilitate the conveyance of land described in
paragraphs (2) and (3).''.
SEC. 3604. TUOLUMNE BAND OF ME-WUK INDIANS.
(a) Federal Land.--Subject to valid existing rights, all right,
title, and interest (including improvements and appurtenances) of the
United States in and to the Federal land described in subsection (b)
shall be held in trust by the United States for the benefit of the
Tuolumne Band of Me-Wuk Indians for nongaming purposes.
(b) Land Description.--The land taken into trust under subsection
(a) is the approximately 80 acres of Federal land under the
administrative jurisdiction of the United States Forest Service, located
in Tuolumne County, California, and described as follows:
(1) Southwest 1/4 of Southwest 1/4 of Section 2, Township 1
North, Range 16 East.
(2) Northeast 1/4 of Northwest 1/4 of Section 11, Township 1
North, Range 16 East of the Mount Diablo Meridian.
(c) Gaming.--Class II and class III gaming (as those terms are
defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C.
2703)) shall not be permitted at any time on the land taken into trust
under subsection (a).
SEC. 3605. SAN LUIS REY SETTLEMENT AGREEMENT IMPLEMENTATION.
(a) San Luis Rey Settlement Agreement Implementation.--The San Luis
Rey Indian Water Rights Settlement Act (Public Law 100-675) is amended
by inserting after section 111 the following:
``SEC. 112. IMPLEMENTATION OF SETTLEMENT.
``(a) Findings.--Congress finds and recognizes as follows:
``(1) The City of Escondido, California, the Vista
Irrigation District, the San Luis Rey River Indian Water
Authority, and the Bands have approved an agreement, dated
December 5, 2014, resolving their disputes over the use of
certain land and water rights in or near the San Luis Rey River
watershed, the terms of which are consistent with this Act.
``(2) The Bands, the San Luis Rey River Indian Water
Authority, the City of Escondido, California, the Vista
Irrigation District, and the United States have approved a
Settlement Agreement dated January 30, 2015 (hereafter in this
section referred to as the `Settlement Agreement') that conforms
to the requirements of this Act.
``(b) Approval and Ratification.--All provisions of the Settlement
Agreement, including the waivers and releases of the liability of the
United States, the provisions regarding allottees, and the provision
entitled `Effect of Settlement Agreement and Act,' are hereby approved
and ratified.
``(c) Authorizations.--The Secretary and the Attorney General are
authorized to execute, on behalf of the United States, the Settlement
Agreement and any amendments approved by the parties as necessary to
make the Settlement Agreement consistent with this Act. Such execution
shall not constitute a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary
is further authorized and directed to take all steps that the Secretary
may deem necessary or appropriate to implement the Settlement Agreement
and this Act.
[[Page 130 STAT. 1794]]
``(d) Continued Federally Reserved And Other Water Rights.--
``(1) In general.--Notwithstanding any other provision of
law, including any provisions in this Act, the Bands had, have,
and continue to possess federally reserved rights and other
water rights held in trust by the United States.
``(2) Future proceedings.--In any proceeding involving the
assertion, enforcement, or defense of the rights described in
this subsection, the United States, in its capacity as trustee
for any Band, shall not be a required party and any decision by
the United States regarding participation in any such proceeding
shall not be subject to judicial review or give rise to any
claim for relief against the United States.
``(e) Allottees.--Congress finds and confirms that the benefits to
allottees in the Settlement Agreement, including the remedies and
provisions requiring that any rights of allottees shall be satisfied
from supplemental water and other water available to the Bands or the
Indian Water Authority, are equitable and fully satisfy the water rights
of the allottees.
``(f) No Precedent.--Nothing in this Act shall be construed or
interpreted as a precedent for the litigation or settlement of Indian
reserved water rights.''.
(b) Disbursement of Funds.--The second sentence of section 105(b)(1)
of the San Luis Rey Indian Water Rights Settlement Act (Public Law 100-
675) is amended by striking the period at the end, and inserting the
following: ``, provided that--
``(i) no more than $3,700,000 per year (in
principal, interest or both) may be so allocated;
and
``(ii) none of the funds made available by
this section shall be available unless the
Director of the Office of Management and Budget
first certifies in writing to the Committee on
Natural Resources of the House of Representatives
and the Committee on Indian Affairs of the Senate
that the federal budget will record budgetary
outlays from the San Luis Rey Tribal Development
Fund of only the monies, not to exceed $3,700,000
annually, that the Secretary of the Treasury,
pursuant to this section, allocates and makes
available to the Indian Water Authority from the
trust fund.''.
SEC. 3606. TULE RIVER INDIAN TRIBE.
(a) In General.--Subject to subsection (b), valid, existing rights,
and management agreements related to easements and rights-of-way, all
right, title, and interest (including improvements and appurtenances) of
the United States in and to the approximately 34 acres of Federal lands
generally depicted on the map titled ``Proposed Lands to be Held in
Trust for the Tule River Tribe'' and dated May 14, 2015, are hereby held
in trust by the United States for the benefit of the Tule River Indian
Tribe.
(b) Easements and Rights-of-Way.--For the purposes of subsection
(a), valid, existing rights include any easement or right-of-way for
which an application is pending with the Bureau of Land Management on
the date of the enactment of this Act. If such application is denied
upon final action, the valid, existing right related to the application
shall cease to exist.
[[Page 130 STAT. 1795]]
(c) Availability of Map.--The map referred to in subsection (a)
shall be on file and available for public inspection at the office of
the California State Director, Bureau of Land Management.
(d) Conversion of Valid, Existing Rights.--
(1) Continuity of use.--Any person claiming in good faith to
have valid, existing rights to lands taken into trust by this
section may continue to exercise such rights to the same extent
that the rights were exercised before the date of the enactment
of this Act until the Secretary makes a determination on an
application submitted under paragraph (2)(B) or the application
is deemed to be granted under paragraph (3).
(2) Notice and application.--Consistent with sections 2800
through 2880 of title 43, Code of Federal Regulations, as soon
as practicable after the date of the enactment of this Act, the
Secretary of the Interior shall notify any person that claims to
have valid, existing rights, such as a management agreement,
easement, or other right-of-way, to lands taken into trust under
subsection (a) that--
(A) such lands have been taken into trust; and
(B) the person claiming the valid, existing rights
has 60 days to submit an application to the Secretary
requesting that the valid, existing rights be converted
to a long-term easement or other right-of-way.
(3) Determination.--The Secretary of the Interior shall
grant or deny an application submitted under paragraph (2)(B)
not later than 180 days after the application is submitted. Such
a determination shall be considered a final action. If the
Secretary does not make a determination within 180 days after
the application is submitted, the application shall be deemed to
be granted.
(e) Restriction on Gaming.--Lands taken into trust pursuant to
subsection (a) shall not be considered to have been taken into trust
for, and shall not be eligible for, class II gaming or class III gaming
(as those terms are defined in section 4 of the Indian Gaming Regulatory
Act (25 U.S.C. 2703)).
SEC. 3607. MORONGO BAND OF MISSION INDIANS.
(a) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Banning.--The term ``Banning'' means the City of
Banning, which is located in Riverside County, California
adjacent to the Morongo Indian Reservation.
(2) Fields.--The term ``Fields'' means Lloyd L. Fields, the
owner of record of Parcel A.
(3) Map.--The term ``map'' means the map entitled `Morongo
Indian Reservation, County of Riverside, State of California
Land Exchange Map', and dated May 22, 2014, which is on file in
the Bureau of Land Management State Office in Sacramento,
California.
(4) Parcel a.--The term ``Parcel A'' means the approximately
41.15 acres designated on the map as ``Fields lands''.
(5) Parcel b.--The term ``Parcel B'' means the approximately
41.15 acres designated on the map as ``Morongo lands''.
(6) Parcel c.--The term ``Parcel C'' means the approximately
1.21 acres designated on the map as ``Banning land''.
[[Page 130 STAT. 1796]]
(7) Parcel d.--The term ``Parcel D'' means the approximately
1.76 acres designated on the map as ``Easement to Banning''.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Tribe.--The term ``Tribe'' means the Morongo Band of
Mission Indians, a federally recognized Indian tribe.
(b) Transfer of Lands; Trust Lands, Easement.--
(1) Transfer of parcel a and parcel b and easement over
parcel d.--Subject to any valid existing rights of any third
parties and to legal review and approval of the form and content
of any and all instruments of conveyance and policies of title
insurance, upon receipt by the Secretary of confirmation that
Fields has duly executed and deposited with a mutually
acceptable and jointly instructed escrow holder in California a
deed conveying clear and unencumbered title to Parcel A to the
United States in trust for the exclusive use and benefit of the
Tribe, and upon receipt by Fields of confirmation that the
Secretary has duly executed and deposited into escrow with the
same mutually acceptable and jointly instructed escrow holder a
patent conveying clear and unencumbered title in fee simple to
Parcel B to Fields and has duly executed and deposited into
escrow with the same mutually acceptable and jointly instructed
escrow holder an easement to the City for a public right-of-way
over Parcel D, the Secretary shall instruct the escrow holder to
simultaneously cause--
(A) the patent to Parcel B to be recorded and issued
to Fields;
(B) the easement over Parcel D to be recorded and
issued to the City; and
(C) the deed to Parcel A to be delivered to the
Secretary, who shall immediately cause said deed to be
recorded and held in trust for the Tribe.
(2) Transfer of parcel c.--After the simultaneous transfer
of parcels A, B, and D under paragraph (1), upon receipt by the
Secretary of confirmation that the City has vacated its interest
in Parcel C pursuant to all applicable State and local laws, the
Secretary shall immediately cause Parcel C to be held in trust
for the Tribe subject to--
(A) any valid existing rights of any third parties;
and
(B) legal review and approval of the form and
content of any and all instruments of conveyance.
SEC. 3608. CHOCTAW NATION OF OKLAHOMA AND THE CHICKASAW NATION
WATER SETTLEMENT.
(a) Purposes.--The purposes of this section are--
(1) to permanently resolve and settle those claims to
Settlement Area Waters of the Choctaw Nation of Oklahoma and the
Chickasaw Nation as set forth in the Settlement Agreement and
this section, including all claims or defenses in and to
Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11-927
(W.D. Ok.), OWRB v. United States, et al. CIV 12-275 (W.D. Ok.),
or any future stream adjudication;
(2) to approve, ratify, and confirm the Settlement
Agreement;
[[Page 130 STAT. 1797]]
(3) to authorize and direct the Secretary of the Interior to
execute the Settlement Agreement and to perform all obligations
of the Secretary of the Interior under the Settlement Agreement
and this section;
(4) to approve, ratify, and confirm the amended storage
contract among the State, the City and the Trust;
(5) to authorize and direct the Secretary to approve the
amended storage contract for the Corps of Engineers to perform
all obligations under the 1974 storage contract, the amended
storage contract, and this section; and
(6) to authorize all actions necessary for the United States
to meet its obligations under the Settlement Agreement, the
amended storage contract, and this section.
(b) Definitions.--In this section:
(1) 1974 storage contract.--The term ``1974 storage
contract'' means the contract approved by the Secretary on April
9, 1974, between the Secretary and the Water Conservation
Storage Commission of the State of Oklahoma pursuant to section
301 of the Water Supply Act of 1958, and other applicable
Federal law.
(2) 2010 agreement.--The term ``2010 agreement'' means the
agreement entered into among the OWRB and the Trust, dated June
15, 2010, relating to the assignment by the State of the 1974
storage contract and transfer of rights, title, interests, and
obligations under that contract to the Trust, including the
interests of the State in the conservation storage capacity and
associated repayment obligations to the United States.
(3) Administrative set-aside subcontracts.--The term
``administrative set-aside subcontracts'' means the subcontracts
the City shall issue for the use of Conservation Storage
Capacity in Sardis Lake as provided by section 4 of the amended
storage contract.
(4) Allotment.--The term ``allotment'' means the land within
the Settlement Area held by an allottee subject to a statutory
restriction on alienation or held by the United States in trust
for the benefit of an allottee.
(5) Allottee.--The term ``allottee'' means an enrolled
member of the Choctaw Nation or citizen of the Chickasaw Nation
who, or whose estate, holds an interest in an allotment.
(6) Amended permit application.--The term ``amended permit
application'' means the permit application of the City to the
OWRB, No. 2007-17, as amended as provided by the Settlement
Agreement.
(7) Amended storage contract transfer agreement; amended
storage contract.--The terms ``amended storage contract transfer
agreement'' and ``amended storage contract'' mean the 2010
Agreement between the City, the Trust, and the OWRB, as amended,
as provided by the Settlement Agreement and this section.
(8) Atoka and sardis conservation projects fund.--The term
``Atoka and Sardis Conservation Projects Fund'' means the Atoka
and Sardis Conservation Projects Fund established, funded, and
managed in accordance with the Settlement Agreement.
(9) City.--The term ``City'' means the City of Oklahoma
City, or the City and the Trust acting jointly, as applicable.
[[Page 130 STAT. 1798]]
(10) City permit.--The term ``City permit'' means any permit
issued to the City by the OWRB pursuant to the amended permit
application and consistent with the Settlement Agreement.
(11) Conservation storage capacity.--The term ``conservation
storage capacity'' means the total storage space as stated in
the 1974 storage contract in Sardis Lake between elevations
599.0 feet above mean sea level and 542.0 feet above mean sea
level, which is estimated to contain 297,200 acre-feet of water
after adjustment for sediment deposits, and which may be used
for municipal and industrial water supply, fish and wildlife,
and recreation.
(12) Enforceability date.--The term ``enforceability date''
means the date on which the Secretary of the Interior publishes
in the Federal Register a notice certifying that the conditions
of subsection (i) have been satisfied.
(13) Future use storage.--The term ``future use storage''
means that portion of the conservation storage capacity that was
designated by the 1974 Contract to be utilized for future water
use storage and was estimated to contain 155,500 acre feet of
water after adjustment for sediment deposits, or 52.322 percent
of the conservation storage capacity.
(14) Nations.--The term ``Nations'' means, collectively, the
Choctaw Nation of Oklahoma (``Choctaw Nation'') and the
Chickasaw Nation.
(15) Owrb.--The term ``OWRB'' means the Oklahoma Water
Resources Board.
(16) Sardis lake.--The term ``Sardis Lake'' means the
reservoir, formerly known as Clayton Lake, whose dam is located
in Section 19, Township 2 North, Range 19 East of the Indian
Meridian, Pushmataha County, Oklahoma, the construction,
operation, and maintenance of which was authorized by section
203 of the Flood Control Act of 1962 (Public Law 87-874; 76
Stat. 1187).
(17) Settlement agreement.--The term ``Settlement
Agreement'' means the settlement agreement as approved by the
Nations, the State, the City, and the Trust effective August 22,
2016, as revised to conform with this section, as applicable.
(18) Settlement area.--The term ``settlement area'' means--
(A) the area lying between--
(i) the South Canadian River and Arkansas
River to the north;
(ii) the Oklahoma-Texas State line to the
south;
(iii) the Oklahoma-Arkansas State line to the
east; and
(iv) the 98th Meridian to the west; and
(B) the area depicted in Exhibit 1 to the Settlement
Agreement and generally including the following
counties, or portions of, in the State:
(i) Atoka.
(ii) Bryan.
(iii) Carter.
(iv) Choctaw.
(v) Coal.
(vi) Garvin.
(vii) Grady.
[[Page 130 STAT. 1799]]
(viii) McClain.
(ix) Murray.
(x) Haskell.
(xi) Hughes.
(xii) Jefferson.
(xiii) Johnston.
(xiv) Latimer.
(xv) LeFlore.
(xvi) Love.
(xvii) Marshall.
(xviii) McCurtain.
(xix) Pittsburgh.
(xx) Pontotoc.
(xxi) Pushmataha.
(xxii) Stephens.
(19) Settlement area waters.--The term ``settlement area
waters'' means the waters located--
(A) within the settlement area; and
(B) within a basin depicted in Exhibit 10 to the
Settlement Agreement, including any of the following
basins as denominated in the 2012 Update of the Oklahoma
Comprehensive Water Plan:
(i) Beaver Creek (24, 25, and 26).
(ii) Blue (11 and 12).
(iii) Clear Boggy (9).
(iv) Kiamichi (5 and 6).
(v) Lower Arkansas (46 and 47).
(vi) Lower Canadian (48, 56, 57, and 58).
(vii) Lower Little (2).
(viii) Lower Washita (14).
(ix) Mountain Fork (4).
(x) Middle Washita (15 and 16).
(xi) Mud Creek (23).
(xii) Muddy Boggy (7 and 8).
(xiii) Poteau (44 and 45).
(xiv) Red River Mainstem (1, 10, 13, and 21).
(xv) Upper Little (3).
(xvi) Walnut Bayou (22).
(20) State.--The term ``State'' means the State of Oklahoma.
(21) Trust.--
(A) In general.--The term ``Trust'' means the
Oklahoma City Water Utilities Trust, formerly known as
the Oklahoma City Municipal Improvement Authority, a
public trust established pursuant to State law with the
City as the beneficiary.
(B) References.--A reference in this section to
``Trust'' refers to the Oklahoma City Water Utilities
Trust, acting severally.
(22) United states.--The term ``United States'' means the
United States of America acting in its capacity as trustee for
the Nations, their respective members, citizens, and allottees,
or as specifically stated or limited in any given reference
herein, in which case it means the United States of America
acting in the capacity as set forth in said reference.
(c) Approval of the Settlement Agreement.--
(1) Ratification.--
[[Page 130 STAT. 1800]]
(A) In general.--Except as modified by this section,
and to the extent the Settlement Agreement does not
conflict with this section, the Settlement Agreement is
authorized, ratified, and confirmed.
(B) Amendments.--If an amendment is executed to make
the Settlement Agreement consistent with this section,
the amendment is also authorized, ratified and confirmed
to the extent the amendment is consistent with this
section.
(2) Execution of settlement agreement.--
(A) In general.--To the extent the Settlement
Agreement does not conflict with this section, the
Secretary of the Interior shall promptly execute the
Settlement Agreement, including all exhibits to or parts
of the Settlement Agreement requiring the signature of
the Secretary of the Interior and any amendments
necessary to make the Settlement Agreement consistent
with this section.
(B) Not a major federal action.--Execution of the
Settlement Agreement by the Secretary of the Interior
under this subsection shall not constitute a major
Federal action under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Approval of the Amended Storage Contract and 1974 Storage
Contract.--
(1) Ratification.--
(A) In general.--Except to the extent any provision
of the amended storage contract conflicts with any
provision of this section, the amended storage contract
is authorized, ratified, and confirmed.
(B) 1974 storage contract.--To the extent the
amended storage contract, as authorized, ratified, and
confirmed, modifies or amends the 1974 storage contract,
the modification or amendment to the 1974 storage
contract is authorized, ratified, and confirmed.
(C) Amendments.--To the extent an amendment is
executed to make the amended storage contract consistent
with this section, the amendment is authorized,
ratified, and confirmed.
(2) Approval by the secretary.--After the State and the City
execute the amended storage contract, the Secretary shall
approve the amended storage contract.
(3) Modification of september 11, 2009, order in united
states v. oklahoma water resources board, civ 98-00521 (n.d.
ok).--The Secretary, through counsel, shall cooperate and work
with the State to file any motion and proposed order to modify
or amend the order of the United States District Court for the
Northern District of Oklahoma dated September 11, 2009,
necessary to conform the order to the amended storage contract
transfer agreement, the Settlement Agreement, and this section.
(4) Conservation storage capacity.--The allocation of the
use of the conservation storage capacity in Sardis Lake for
administrative set-aside subcontracts, City water supply, and
fish and wildlife and recreation as provided by the amended
storage contract is authorized, ratified and approved.
(5) Activation; waiver.--
(A) Findings.--Congress finds that--
[[Page 130 STAT. 1801]]
(i) the earliest possible activation of any
increment of future use storage in Sardis Lake
will not occur until after 2050; and
(ii) the obligation to make annual payments
for the Sardis future use storage operation,
maintenance and replacement costs, capital costs,
or interest attributable to Sardis future use
storage only arises if, and only to the extent,
that an increment of Sardis future use storage is
activated by withdrawal or release of water from
the future use storage that is authorized by the
user for a consumptive use of water.
(B) Waiver of obligations for storage that is not
activated.--Notwithstanding section 301 of the Water
Supply Act of 1958 (43 U.S.C. 390b), section 203 of the
Flood Control Act of 1962 (Public Law 87-874; 76 Stat.
1187), the 1974 storage contract, or any other provision
of law, effective as of January 1, 2050--
(i) the entirety of any repayment obligations
(including interest), relating to that portion of
conservation storage capacity allocated by the
1974 storage contract to future use storage in
Sardis Lake is waived and shall be considered
nonreimbursable; and
(ii) any obligation of the State and, on
execution and approval of the amended storage
contract, of the City and the Trust, under the
1974 storage contract regarding capital costs and
any operation, maintenance, and replacement costs
and interest otherwise attributable to future use
storage in Sardis Lake is waived and shall be
nonreimbursable, if by January 1, 2050, the right
to future use storage is not activated by the
withdrawal or release of water from future use
storage for an authorized consumptive use of
water.
(6) Consistent with authorized purposes; no major
operational change.--
(A) Consistent with authorized purpose.--The amended
storage contract, the approval of the Secretary of the
amended storage contract, and the waiver of future use
storage under paragraph (5)--
(i) are deemed consistent with the authorized
purposes for Sardis Lake as described in section
203 of the Flood Control Act of 1962 (Public Law
87-874; 76 Stat. 1187) and do not affect the
authorized purposes for which the project was
authorized, surveyed, planned, and constructed;
and
(ii) shall not constitute a reallocation of
storage.
(B) No major operational change.--The amended
storage contract, the approval of the Secretary of the
amended storage contract, and the waiver of future use
storage under paragraph (5) shall not constitute a major
operational change under section 301(e) of the Water
Supply Act of 1958 (43 U.S.C. 390b(e)).
(7) No further authorization required.--This section shall
be considered sufficient and complete authorization, without
further study or analysis, for--
(A) the Secretary to approve the amended storage
contract; and
[[Page 130 STAT. 1802]]
(B) after approval under subparagraph (A), the Corps
of Engineers to manage storage in Sardis Lake pursuant
to and in accordance with the 1974 storage contract, the
amended storage contract, and the Settlement Agreement.
(e) Settlement Area Waters.--
(1) Findings.--Congress finds that--
(A) pursuant to the Atoka Agreement as ratified by
section 29 of the Act of June 28, 1898 (30 Stat. 505,
chapter 517) (as modified by the Act of July 1, 1902 (32
Stat. 641, chapter 1362)), the Nations issued patents to
their respective tribal members and citizens and thereby
conveyed to individual Choctaws and Chickasaws, all
right, title, and interest in and to land that was
possessed by the Nations, other than certain mineral
rights; and
(B) when title passed from the Nations to their
respective tribal members and citizens, the Nations did
not convey and those individuals did not receive any
right of regulatory or sovereign authority, including
with respect to water.
(2) Permitting, allocation, and administration of settlement
area waters pursuant to the settlement agreement.--Beginning on
the enforceability date, settlement area waters shall be
permitted, allocated, and administered by the OWRB in accordance
with the Settlement Agreement and this section.
(3) Choctaw nation and chickasaw nation.--Beginning on the
enforceability date, the Nations shall have the right to use and
to develop the right to use settlement area waters only in
accordance with the Settlement Agreement and this section.
(4) Waiver and delegation by nations.--In addition to the
waivers under subsection (h), the Nations, on their own behalf,
shall permanently delegate to the State any regulatory authority
each Nation may possess over water rights on allotments, which
the State shall exercise in accordance with the Settlement
Agreement and this subsection.
(5) Right to use water.--
(A) In general.--An allottee may use water on an
allotment in accordance with the Settlement Agreement
and this subsection.
(B) Surface water use.--
(i) In general.--An allottee may divert and
use, on the allotment of the allottee, 6 acre-feet
per year of surface water per 160 acres, to be
used solely for domestic uses on an allotment that
constitutes riparian land under applicable State
law as of the date of enactment of this Act.
(ii) Effect of state law.--The use of surface
water described in clause (i) shall be subject to
all rights and protections of State law, as of the
date of enactment of this Act, including all
protections against loss for nonuse.
(iii) No permit required.--An allottee may
divert water under this subsection without a
permit or any other authorization from the OWRB.
(C) Groundwater use.--
[[Page 130 STAT. 1803]]
(i) In general.--An allottee may drill wells
on the allotment of the allottee to take and use
for domestic uses the greater of--
(I) 5 acre-feet per year; or
(II) any greater quantity allowed
under State law.
(ii) Effect of state law.--The groundwater use
described in clause (i) shall be subject to all
rights and protections of State law, as of the
date of enactment of this Act, including all
protections against loss for nonuse.
(iii) No permit required.--An allottee may
drill wells and use water under this subsection
without a permit or any other authorization from
the OWRB.
(D) Future changes in state law.--
(i) In general.--If State law changes to limit
use of water to a quantity that is less than the
applicable quantity specified in subparagraph (B)
or (C), as applicable, an allottee shall retain
the right to use water in accord with those
subparagraphs, subject to paragraphs (6)(B)(iv)
and (7).
(ii) Opportunity to be heard.--Prior to taking
any action to limit the use of water by an
individual, the OWRB shall provide to the
individual an opportunity to demonstrate that the
individual is--
(I) an allottee; and
(II) using water on the allotment
pursuant to and in accordance with the
Settlement Agreement and this section.
(6) Allottee options for additional water.--
(A) In general.--To use a quantity of water in
excess of the quantities provided under paragraph (5),
an allottee shall--
(i) file an action under subparagraph (B); or
(ii) apply to the OWRB for a permit pursuant
to, and in accordance with, State law.
(B) Determination in federal district court.--
(i) In general.--In lieu of applying to the
OWRB for a permit to use more water than is
allowed under paragraph (5), an allottee may file
an action in the United States District Court for
the Western District of Oklahoma for determination
of the right to water of the allottee. At least 90
days prior to filing such an action, the allottee
shall provide written notice of the suit to the
United States and the OWRB. For the United States,
notice shall be provided to the Solicitor's
Office, Department of the Interior, Washington
D.C., and to the Office of the Regional Director
of the Muskogee Region, Bureau of Indian Affairs,
Department of the Interior.
(ii) Jurisdiction.--For purposes of this
subsection--
(I) the United States District Court
for the Western District of Oklahoma
shall have jurisdiction; and
(II) as part of the complaint, the
allottee shall include certification of
the pre-filing notice to the
[[Page 130 STAT. 1804]]
United States and OWRB required by
subparagraph (B)(i). If such
certification is not included with the
complaint, the complaint will be deemed
filed 90 days after such certification
is complete and filed with the court.
Within 60 days after the complaint is
filed or deemed filed or within such
extended time as the District Court in
its discretion may permit, the United
States may appear or intervene. After
such appearance, intervention or the
expiration of the said 60 days or any
extension thereof, the proceedings and
judgment in such action shall bind the
United States and the parties thereto
without regard to whether the United
States elects to appear or intervene in
such action.
(iii) Requirements.--An allottee filing an
action pursuant to this subparagraph shall--
(I) join the OWRB as a party; and
(II) publish notice in a newspaper
of general circulation within the
Settlement Area Hydrologic Basin for 2
consecutive weeks, with the first
publication appearing not later than 30
days after the date on which the action
is filed.
(iv) Determination final.--
(I) In general.--Subject to
subclause (II), if an allottee elects to
have the rights of the allottee
determined pursuant to this
subparagraph, the determination shall be
final as to any rights under Federal law
and in lieu of any rights to use water
on an allotment as provided in paragraph
(5).
(II) Reservation of rights.--
Subclause (I) shall not preclude an
allottee from--
(aa) applying to the OWRB
for water rights pursuant to
State law; or
(bb) using any rights
allowed by State law that do not
require a permit from the OWRB.
(7) OWRB administration and enforcement.--
(A) In general.--If an allottee exercises any right
under paragraph (5) or has rights determined under
paragraph (6)(B), the OWRB shall have jurisdiction to
administer those rights.
(B) Challenges.--An allottee may challenge OWRB
administration of rights determined under this
paragraph, in the United States District Court for the
Western District of Oklahoma.
(8) Prior existing state law rights.--Water rights held by
an allottee as of the enforceability date pursuant to a permit
issued by the OWRB shall be governed by the terms of that permit
and applicable State law (including regulations).
(f) City Permit for Appropriation of Stream Water From the Kiamichi
River.--The City permit shall be processed, evaluated, issued, and
administered consistent with and in accordance with the Settlement
Agreement and this section.
(g) Settlement Commission.--
(1) Establishment.--There is established a Settlement
Commission.
[[Page 130 STAT. 1805]]
(2) Members.--
(A) In general.--The Settlement Commission shall be
comprised of 5 members, appointed as follows:
(i) 1 by the Governor of the State.
(ii) 1 by the Attorney General of the State.
(iii) 1 by the Chief of the Choctaw Nation.
(iv) 1 by the Governor of the Chickasaw
Nation.
(v) 1 by agreement of the members described in
clauses (i) through (iv).
(B) Jointly appointed member.--If the members
described in clauses (i) through (iv) of subparagraph
(A) do not agree on a member appointed pursuant to
subparagraph (A)(v)--
(i) the members shall submit to the Chief
Judge for the United States District Court for the
Eastern District of Oklahoma, a list of not less
than 3 persons; and
(ii) from the list under clause (i), the Chief
Judge shall make the appointment.
(C) Initial appointments.--The initial appointments
to the Settlement Commission shall be made not later
than 90 days after the enforceability date.
(3) Member terms.--
(A) In general.--Each Settlement Commission member
shall serve at the pleasure of appointing authority.
(B) Compensation.--A member of the Settlement
Commission shall serve without compensation, but an
appointing authority may reimburse the member appointed
by the entity for costs associated with service on the
Settlement Commission.
(C) Vacancies.--If a member of the Settlement
Commission is removed or resigns, the appointing
authority shall appoint the replacement member.
(D) Jointly appointed member.--The member of the
Settlement Commission described in paragraph (2)(A)(v)
may be removed or replaced by a majority vote of the
Settlement Commission based on a failure of the member
to carry out the duties of the member.
(4) Duties.--The duties and authority of the Settlement
Commission shall be set forth in the Settlement Agreement, and
the Settlement Commission shall not possess or exercise any duty
or authority not stated in the Settlement Agreement.
(h) Waivers and Releases of Claims.--
(1) Claims by the nations and the united states as trustee
for the nations.--Subject to the retention of rights and claims
provided in paragraph (3) and except to the extent that rights
are recognized in the Settlement Agreement or this section, the
Nations, each in its own right and on behalf of itself and its
respective citizens and members (but not individuals in their
capacities as allottees), and the United States, acting as a
trustee for the Nations (but not individuals in their capacities
as allottees), shall execute a waiver and release of--
(A) all of the following claims asserted or which
could have been asserted in any proceeding filed or that
could have been filed during the period ending on the
enforceability date, including Chickasaw Nation, Choctaw
Nation
[[Page 130 STAT. 1806]]
v. Fallin et al., CIV 11-927 (W.D. Ok.), OWRB v. United
States, et al. CIV 12-275 (W.D. Ok.), or any general
stream adjudication, relating to--
(i) claims to the ownership of water in the
State;
(ii) claims to water rights and rights to use
water diverted or taken from a location within the
State;
(iii) claims to authority over the allocation
and management of water and administration of
water rights, including authority over third-party
ownership of or rights to use water diverted or
taken from a location within the State and
ownership or use of water on allotments by
allottees or any other person using water on an
allotment with the permission of an allottee;
(iv) claims that the State lacks authority
over the allocation and management of water and
administration of water rights, including
authority over the ownership of or rights to use
water diverted or taken from a location within the
State;
(v) any other claim relating to the ownership
of water, regulation of water, or authorized
diversion, storage, or use of water diverted or
taken from a location within the State, which
claim is based on the status of the Chickasaw
Nation's or the Choctaw Nation's unique sovereign
status and rights as defined by Federal law and
alleged to arise from treaties to which they are
signatories, including but not limited to the
Treaty of Dancing Rabbit Creek, Act of Sept. 30,
1830, 7 Stat. 333, Treaty of Doaksville, Act of
Jan. 17, 1837, 11 Stat. 573, and the related March
23, 1842, patent to the Choctaw Nation; and
(vi) claims or defenses asserted or which
could have been asserted in Chickasaw Nation,
Choctaw Nation v. Fallin et al., CIV 11-927 (W.D.
Ok.), OWRB v. United States, et al. CIV 12-275
(W.D. Ok.), or any general stream adjudication;
(B) all claims for damages, losses or injuries to
water rights or water, or claims of interference with,
diversion, storage, taking, or use of water (including
claims for injury to land resulting from the damages,
losses, injuries, interference with, diversion, storage,
taking, or use of water) attributable to any action by
the State, the OWRB, or any water user authorized
pursuant to State law to take or use water in the State,
including the City, that accrued during the period
ending on the enforceability date;
(C) all claims and objections relating to the
amended permit application, and the City permit,
including--
(i) all claims regarding regulatory control
over or OWRB jurisdiction relating to the permit
application and permit; and
(ii) all claims for damages, losses or
injuries to water rights or rights to use water,
or claims of interference with, diversion,
storage, taking, or use of water (including claims
for injury to land resulting from the damages,
losses, injuries, interference with, diversion,
storage, taking, or use of water) attributable to
the issuance and lawful exercise of the City
permit;
[[Page 130 STAT. 1807]]
(D) all claims to regulatory control over the Permit
Numbers P80-48 and 54-613 of the City for water rights
from the Muddy Boggy River for Atoka Reservoir and P73-
282D for water rights from the Muddy Boggy River,
including McGee Creek, for the McGee Creek Reservoir;
(E) all claims that the State lacks regulatory
authority over or OWRB jurisdiction relating to Permit
Numbers P80-48 and 54-613 for water rights from the
Muddy Boggy River for Atoka Reservoir and P73-282D for
water rights from the Muddy Boggy River, including McGee
Creek, for the McGee Creek Reservoir;
(F) all claims to damages, losses or injuries to
water rights or water, or claims of interference with,
diversion, storage, taking, or use of water (including
claims for injury to land resulting from such damages,
losses, injuries, interference with, diversion, storage,
taking, or use of water) attributable to the lawful
exercise of Permit Numbers P80-48 and 54-613 for water
rights from the Muddy Boggy River for Atoka Reservoir
and P73-282D for water rights from the Muddy Boggy
River, including McGee Creek, for the McGee Creek
Reservoir, that accrued during the period ending on the
enforceability date;
(G) all claims and objections relating to the
approval by the Secretary of the assignment of the 1974
storage contract pursuant to the amended storage
contract; and
(H) all claims for damages, losses, or injuries to
water rights or water, or claims of interference with,
diversion, storage, taking, or use of water (including
claims for injury to land resulting from such damages,
losses, injuries, interference with, diversion, storage,
taking, or use of water) attributable to the lawful
exercise of rights pursuant to the amended storage
contract.
(2) Waivers and releases of claims by the nations against
the united states.--Subject to the retention of rights and
claims provided in paragraph (3) and except to the extent that
rights are recognized in the Settlement Agreement or this
section, the Nations are authorized to execute a waiver and
release of all claims against the United States (including any
agency or employee of the United States) relating to--
(A) all of the following claims asserted or which
could have been asserted in any proceeding filed or that
could have been filed by the United States as a trustee
during the period ending on the enforceability date,
including Chickasaw Nation, Choctaw Nation v. Fallin et
al., CIV 11-927 (W.D. Ok.) or OWRB v. United States, et
al. CIV 12-275 (W.D. Ok.), or any general stream
adjudication, relating to--
(i) claims to the ownership of water in the
State;
(ii) claims to water rights and rights to use
water diverted or taken from a location within the
State;
(iii) claims to authority over the allocation
and management of water and administration of
water rights, including authority over third-party
ownership of or rights to use water diverted or
taken from a location within the State and
ownership or use of water on allotments by
allottees or any other person using
[[Page 130 STAT. 1808]]
water on an allotment with the permission of an
allottee;
(iv) claims that the State lacks authority
over the allocation and management of water and
administration of water rights, including
authority over the ownership of or rights to use
water diverted or taken from a location within the
State;
(v) any other claim relating to the ownership
of water, regulation of water, or authorized
diversion, storage, or use of water diverted or
taken from a location within the State, which
claim is based on the status of the Chickasaw
Nation's or the Choctaw Nation's unique sovereign
status and rights as defined by Federal law and
alleged to arise from treaties to which they are
signatories, including but not limited to the
Treaty of Dancing Rabbit Creek, Act of Sept. 30,
1830, 7 Stat. 333, Treaty of Doaksville, Act of
Jan. 17, 1837, 11 Stat. 573, and the related March
23, 1842, patent to the Choctaw Nation; and
(vi) claims or defenses asserted or which
could have been asserted in Chickasaw Nation,
Choctaw Nation v. Fallin et al., CIV 11-927 (W.D.
Ok.), OWRB v. United States, et al. CIV 12-275
(W.D. Ok.), or any general stream adjudication;
(B) all claims for damages, losses or injuries to
water rights or water, or claims of interference with,
diversion, storage, taking, or use of water (including
claims for injury to land resulting from the damages,
losses, injuries, interference with, diversion, storage,
taking, or use of water) attributable to any action by
the State, the OWRB, or any water user authorized
pursuant to State law to take or use water in the State,
including the City, that accrued during the period
ending on the enforceability date;
(C) all claims and objections relating to the
amended permit application, and the City permit,
including--
(i) all claims regarding regulatory control
over or OWRB jurisdiction relating to the permit
application and permit; and
(ii) all claims for damages, losses or
injuries to water rights or rights to use water,
or claims of interference with, diversion,
storage, taking, or use of water (including claims
for injury to land resulting from the damages,
losses, injuries, interference with, diversion,
storage, taking, or use of water) attributable to
the issuance and lawful exercise of the City
permit;
(D) all claims to regulatory control over the Permit
Numbers P80-48 and 54-613 for water rights from the
Muddy Boggy River for Atoka Reservoir and P73-282D for
water rights from the Muddy Boggy River, including McGee
Creek, for the McGee Creek Reservoir;
(E) all claims that the State lacks regulatory
authority over or OWRB jurisdiction relating to Permit
Numbers P80-48 and 54-613 for water rights from the
Muddy Boggy River for Atoka Reservoir and P73-282D for
water rights from the Muddy Boggy River, including McGee
Creek, for the McGee Creek Reservoir;
[[Page 130 STAT. 1809]]
(F) all claims to damages, losses or injuries to
water rights or water, or claims of interference with,
diversion, storage, taking, or use of water (including
claims for injury to land resulting from the damages,
losses, injuries, interference with, diversion, storage,
taking, or use of water) attributable to the lawful
exercise of Permit Numbers P80-48 and 54-613 for water
rights from the Muddy Boggy River for Atoka Reservoir
and P73-282D for water rights from the Muddy Boggy
River, including McGee Creek, for the McGee Creek
Reservoir, that accrued during the period ending on the
enforceability date;
(G) all claims and objections relating to the
approval by the Secretary of the assignment of the 1974
storage contract pursuant to the amended storage
contract;
(H) all claims relating to litigation brought by the
United States prior to the enforceability date of the
water rights of the Nations in the State; and
(I) all claims relating to the negotiation,
execution, or adoption of the Settlement Agreement
(including exhibits) or this section.
(3) Retention and reservation of claims by nations and the
united states.--
(A) In general.--Notwithstanding the waiver and
releases of claims authorized under paragraphs (1) and
(2), the Nations and the United States, acting as
trustee, shall retain--
(i) all claims for enforcement of the
Settlement Agreement and this section;
(ii) all rights to use and protect any water
right of the Nations recognized by or established
pursuant to the Settlement Agreement, including
the right to assert claims for injuries relating
to the rights and the right to participate in any
general stream adjudication, including any inter
se proceeding;
(iii) all claims under--
(I) the Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.),
including for damages to natural
resources;
(II) the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
(III) the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.);
and
(IV) any regulations implementing
the Acts described in items (I) through
(III);
(iv) all claims relating to damage, loss, or
injury resulting from an unauthorized diversion,
use, or storage of water, including damages,
losses, or injuries to land or nonwater natural
resources associated with any hunting, fishing,
gathering, or cultural right; and
(v) all rights, remedies, privileges,
immunities, and powers not specifically waived and
released pursuant to this section or the
Settlement Agreement.
(B) Agreement.--
(i) In general.--As provided in the Settlement
Agreement, the Chickasaw Nation shall convey an
easement to the City, which easement shall be as
[[Page 130 STAT. 1810]]
described and depicted in Exhibit 15 to the
Settlement Agreement.
(ii) Application.--The Chickasaw Nation and
the City shall cooperate and coordinate on the
submission of an application for approval by the
Secretary of the Interior of the conveyance under
clause (i), in accordance with applicable Federal
law.
(iii) Recording.--On approval by the Secretary
of the Interior of the conveyance of the easement
under this clause, the City shall record the
easement.
(iv) Consideration.--In exchange for
conveyance of the easement under clause (i), the
City shall pay to the Chickasaw Nation the value
of past unauthorized use and consideration for
future use of the land burdened by the easement,
based on an appraisal secured by the City and
Nations and approved by the Secretary of the
Interior.
(4) Effective date of waiver and releases.--The waivers and
releases under this subsection take effect on the enforceability
date.
(5) Tolling of claims.--Each applicable period of limitation
and time-based equitable defense relating to a claim described
in this subsection shall be tolled during the period beginning
on the date of enactment of this Act and ending on the earlier
of the enforceability date or the expiration date under
subsection (i)(2).
(i) Enforceability Date.--
(1) In general.--The Settlement Agreement shall take effect
and be enforceable on the date on which the Secretary of the
Interior publishes in the Federal Register a certification
that--
(A) to the extent the Settlement Agreement conflicts
with this section, the Settlement Agreement has been
amended to conform with this section;
(B) the Settlement Agreement, as amended, has been
executed by the Secretary of the Interior, the Nations,
the Governor of the State, the OWRB, the City, and the
Trust;
(C) to the extent the amended storage contract
conflicts with this section, the amended storage
contract has been amended to conform with this section;
(D) the amended storage contract, as amended to
conform with this section, has been--
(i) executed by the State, the City, and the
Trust; and
(ii) approved by the Secretary;
(E) an order has been entered in United States v.
Oklahoma Water Resources Board, Civ. 98-C-521-E with any
modifications to the order dated September 11, 2009, as
provided in the Settlement Agreement;
(F) orders of dismissal have been entered in
Chickasaw Nation, Choctaw Nation v. Fallin et al., Civ
11-297 (W.D. Ok.) and OWRB v. United States, et al. Civ
12-275 (W.D. Ok.) as provided in the Settlement
Agreement;
(G) the OWRB has issued the City Permit;
[[Page 130 STAT. 1811]]
(H) the final documentation of the Kiamichi Basin
hydrologic model is on file at the Oklahoma City offices
of the OWRB; and
(I) the Atoka and Sardis Conservation Projects Fund
has been funded as provided in the Settlement Agreement.
(2) Expiration date.--If the Secretary of the Interior fails
to publish a statement of findings under paragraph (1) by not
later than September 30, 2020, or such alternative later date as
is agreed to by the Secretary of the Interior, the Nations, the
State, the City, and the Trust under paragraph (4), the
following shall apply:
(A) This section, except for this subsection and any
provisions of this section that are necessary to carry
out this subsection (but only for purposes of carrying
out this subsection) are not effective beginning on
September 30, 2020, or the alternative date.
(B) The waivers and release of claims, and the
limited waivers of sovereign immunity, shall not become
effective.
(C) The Settlement Agreement shall be null and void,
except for this paragraph and any provisions of the
Settlement Agreement that are necessary to carry out
this paragraph.
(D) Except with respect to this paragraph, the
State, the Nations, the City, the Trust, and the United
States shall not be bound by any obligations or benefit
from any rights recognized under the Settlement
Agreement.
(E) If the City permit has been issued, the permit
shall be null and void, except that the City may
resubmit to the OWRB, and the OWRB shall be considered
to have accepted, OWRB permit application No. 2007-017
without having waived the original application priority
date and appropriative quantities.
(F) If the amended storage contract has been
executed or approved, the contract shall be null and
void, and the 2010 agreement shall be considered to be
in force and effect as between the State and the Trust.
(G) If the Atoka and Sardis Conservation Projects
Fund has been established and funded, the funds shall be
returned to the respective funding parties with any
accrued interest.
(3) No prejudice.--The occurrence of the expiration date
under paragraph (2) shall not in any way prejudice--
(A) any argument or suit that the Nations may bring
to contest--
(i) the pursuit by the City of OWRB permit
application No. 2007-017, or a modified version;
or
(ii) the 2010 agreement;
(B) any argument, defense, or suit the State may
bring or assert with regard to the claims of the Nations
to water or over water in the settlement area; or
(C) any argument, defense or suit the City may bring
or assert--
(i) with regard to the claims of the Nations
to water or over water in the settlement area
relating to OWRB permit application No. 2007-017,
or a modified version; or
(ii) to contest the 2010 agreement.
[[Page 130 STAT. 1812]]
(4) Extension.--The expiration date under paragraph (2) may
be extended in writing if the Nations, the State, the OWRB, the
United States, and the City agree that an extension is
warranted.
(j) Jurisdiction, Waivers of Immunity for Interpretation and
Enforcement.--
(1) Jurisdiction.--
(A) In general.--
(i) Exclusive jurisdiction.--The United States
District Court for the Western District of
Oklahoma shall have exclusive jurisdiction for all
purposes and for all causes of action relating to
the interpretation and enforcement of the
Settlement Agreement, the amended storage
contract, or interpretation or enforcement of this
section, including all actions filed by an
allottee pursuant to subsection (e)(6)(B).
(ii) Right to bring action.--The Choctaw
Nation, the Chickasaw Nation, the State, the City,
the Trust, and the United States shall each have
the right to bring an action pursuant to this
section.
(iii) No action in other courts.--No action
may be brought in any other Federal, Tribal, or
State court or administrative forum for any
purpose relating to the Settlement Agreement,
amended storage contract, or this section.
(iv) No monetary judgment.--Nothing in this
section authorizes any money judgment or otherwise
allows the payment of funds by the United States,
the Nations, the State (including the OWRB), the
City, or the Trust.
(B) Notice and conference.--An entity seeking to
interpret or enforce the Settlement Agreement shall
comply with the following:
(i) Any party asserting noncompliance or
seeking interpretation of the Settlement Agreement
or this section shall first serve written notice
on the party alleged to be in breach of the
Settlement Agreement or violation of this section.
(ii) The notice under clause (i) shall
identify the specific provision of the Settlement
Agreement or this section alleged to have been
violated or in dispute and shall specify in detail
the contention of the party asserting the claim
and any factual basis for the claim.
(iii) Representatives of the party alleging a
breach or violation and the party alleged to be in
breach or violation shall meet not later than 30
days after receipt of notice under clause (i) in
an effort to resolve the dispute.
(iv) If the matter is not resolved to the
satisfaction of the party alleging breach not
later than 90 days after the original notice under
clause (i), the party may take any appropriate
enforcement action consistent with the Settlement
Agreement and this subsection.
(2) Limited waivers of sovereign immunity.--
[[Page 130 STAT. 1813]]
(A) In general.--The United States and the Nations
may be joined in an action filed in the United States
District Court for the Western District of Oklahoma.
(B) United states immunity.--Any claim by the United
States to sovereign immunity from suit is irrevocably
waived for any action brought by the State, the
Chickasaw Nation, the Choctaw Nation, the City, or the
Trust in the Western District of Oklahoma relating to
interpretation or enforcement of the Settlement
Agreement or this section, including of the appellate
jurisdiction of the United States Court of Appeals for
the Tenth Circuit and the Supreme Court of the United
States.
(C) Chickasaw nation immunity.--For the exclusive
benefit of the State (including the OWRB), the City, the
Trust, the Choctaw Nation, and the United States, the
sovereign immunity of the Chickasaw Nation from suit is
waived solely for any action brought in the Western
District of Oklahoma relating to interpretation or
enforcement of the Settlement Agreement or this section,
if the action is brought by the State or the OWRB, the
City, the Trust, the Choctaw Nation, or the United
States, including the appellate jurisdiction of the
United States Court of Appeals for the Tenth Circuit and
the Supreme Court of the United States.
(D) Choctaw nation immunity.--For the exclusive
benefit of the State (including of the OWRB), the City,
the Trust, the Chickasaw Nation, and the United States,
the Choctaw Nation shall expressly and irrevocably
consent to a suit and waive sovereign immunity from a
suit solely for any action brought in the Western
District of Oklahoma relating to interpretation or
enforcement of the Settlement Agreement or this section,
if the action is brought by the State, the OWRB, the
City, the Trust, the Chickasaw Nation, or the United
States, including the appellate jurisdiction of the
United States Court of Appeals for the Tenth Circuit and
the Supreme Court of the United States.
(k) Disclaimer.--
(1) In general.--The Settlement Agreement applies only to
the claims and rights of the Nations.
(2) No precedent.--Nothing in this section or the Settlement
Agreement shall be construed in any way to quantify, establish,
or serve as precedent regarding the land and water rights,
claims, or entitlements to water of any American Indian Tribe
other than the Nations, including any other American Indian
Tribe in the State.
(3) Limitation.--Nothing in the Settlement Agreement--
(A) affects the ability of the United States, acting
as sovereign, to take actions authorized by law,
including any laws related to health, safety, or the
environment, including--
(i) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.);
(ii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(iii) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.); and
[[Page 130 STAT. 1814]]
(iv) any regulations implementing the Acts
described in this section;
(B) affects the ability of the United States to
raise defenses based on 43 U.S.C. 666(a); and
(C) affects any rights, claims, or defenses the
United States may have with respect to the use of water
on Federal lands in the Settlement Area that are not
trust lands or Allotments.
Subtitle G--Blackfeet Water Rights Settlement
SEC. 3701. <<NOTE: Blackfeet Water Rights Settlement Act.>> SHORT
TITLE.
This subtitle may be cited as the ``Blackfeet Water Rights
Settlement Act''.
SEC. 3702. PURPOSES.
The purposes of this subtitle are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of Montana for--
(A) the Blackfeet Tribe of the Blackfeet Indian
Reservation; and
(B) the United States, for the benefit of the Tribe
and allottees;
(2) to authorize, ratify, and confirm the water rights
compact entered into by the Tribe and the State, to the extent
that the Compact is consistent with this subtitle;
(3) to authorize and direct the Secretary of the Interior--
(A) to execute the Compact; and
(B) to take any other action necessary to carry out
the Compact in accordance with this subtitle; and
(4) to authorize funds necessary for the implementation of
the Compact and this subtitle.
SEC. 3703. DEFINITIONS.
In this subtitle:
(1) Allottee.--The term ``allottee'' means any individual
who holds a beneficial real property interest in an allotment of
Indian land that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(2) Birch creek agreement.--The term ``Birch Creek
Agreement'' means--
(A) the agreement between the Tribe and the State
regarding Birch Creek water use dated January 31, 2008
(as amended on February 13, 2009); and
(B) any amendment or exhibit (including exhibit
amendments) to that agreement that is executed in
accordance with this subtitle.
(3) Blackfeet irrigation project.--The term ``Blackfeet
Irrigation Project'' means the irrigation project authorized by
the matter under the heading ``Montana'' of title II of the Act
of March 1, 1907 (34 Stat. 1035, chapter 2285), and administered
by the Bureau of Indian Affairs.
(4) Compact.--The term ``Compact'' means--
[[Page 130 STAT. 1815]]
(A) the Blackfeet-Montana water rights compact dated
April 15, 2009, as contained in section 85-20-1501 of
the Montana Code Annotated (2015); and
(B) any amendment or exhibit (including exhibit
amendments) to the Compact that is executed to make the
Compact consistent with this subtitle.
(5) Enforceability date.--The term ``enforceability date''
means the date described in section 3720(f).
(6) Lake elwell.--The term ``Lake Elwell'' means the water
impounded on the Marias River in the State by Tiber Dam, a
feature of the Lower Marias Unit of the Pick-Sloan Missouri
River Basin Program authorized by section 9 of the Act of
December 22, 1944 (commonly known as the ``Flood Control Act of
1944'') (58 Stat. 891, chapter 665).
(7) Milk river basin.--The term ``Milk River Basin'' means
the North Fork, Middle Fork, South Fork, and main stem of the
Milk River and tributaries, from the headwaters to the
confluence with the Missouri River.
(8) Milk river project.--
(A) In general.--The term ``Milk River Project''
means the Bureau of Reclamation project conditionally
approved by the Secretary on March 14, 1903, pursuant to
the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
commencing at Lake Sherburne Reservoir and providing
water to a point approximately 6 miles east of Nashua,
Montana.
(B) Inclusions.--The term ``Milk River Project''
includes--
(i) the St. Mary Unit;
(ii) the Fresno Dam and Reservoir; and
(iii) the Dodson pumping unit.
(9) Milk river project water rights.--The term ``Milk River
Project water rights'' means the water rights held by the Bureau
of Reclamation on behalf of the Milk River Project, as finally
adjudicated by the Montana Water Court.
(10) Milk river water right.--The term ``Milk River water
right'' means the portion of the Tribal water rights described
in article III.F of the Compact and this subtitle.
(11) Missouri river basin.--The term ``Missouri River
Basin'' means the hydrologic basin of the Missouri River
(including tributaries).
(12) MR&I system.--The term ``MR&I System'' means the
intake, treatment, pumping, storage, pipelines, appurtenant
items, and any other feature of the system, as generally
described in the document entitled ``Blackfeet Regional Water
System'', prepared by DOWL HKM, and dated June 2010, and
modified by DOWL HKM, as set out in the addendum to the report
dated March 2013.
(13) OM&R.--The term ``OM&R'' means--
(A) any recurring or ongoing activity associated
with the day-to-day operation of a project;
(B) any activity relating to scheduled or
unscheduled maintenance of a project; and
(C) any activity relating to replacing a feature of
a project.
(14) Reservation.--The term ``Reservation'' means the
Blackfeet Indian Reservation of Montana, as--
[[Page 130 STAT. 1816]]
(A) established by the Treaty of October 17, 1855
(11 Stat. 657); and
(B) modified by--
(i) the Executive order of July 5, 1873
(relating to the Blackfeet Reserve);
(ii) the Act of April 15, 1874 (18 Stat. 28,
chapter 96);
(iii) the Executive order of August 19, 1874
(relating to the Blackfeet Reserve);
(iv) the Executive order of April 13, 1875
(relating to the Blackfeet Reserve);
(v) the Executive order of July 13, 1880
(relating to the Blackfeet Reserve);
(vi) the Agreement with the Blackfeet,
ratified by the Act of May 1, 1888 (25 Stat. 113,
chapter 213); and
(vii) the Agreement with the Blackfeet,
ratified by the Act of June 10, 1896 (29 Stat.
353, chapter 398).
(15) St. mary river water right.--The term ``St. Mary River
water right'' means that portion of the Tribal water rights
described in article III.G.1.a.i. of the Compact and this
subtitle.
(16) St. mary unit.--
(A) In general.--The term ``St. Mary Unit'' means
the St. Mary Storage Unit of the Milk River Project
authorized by Congress on March 25, 1905.
(B) Inclusions.--The term ``St. Mary Unit''
includes--
(i) Sherburne Dam and Reservoir;
(ii) Swift Current Creek Dike;
(iii) Lower St. Mary Lake;
(iv) St. Mary Canal Diversion Dam; and
(v) St. Mary Canal and appurtenances.
(17) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(18) State.--The term ``State'' means the State of Montana.
(19) Swiftcurrent creek bank stabilization project.--The
term ``Swiftcurrent Creek Bank Stabilization Project'' means the
project to mitigate the physical and environmental problems
associated with the St. Mary Unit from Sherburne Dam to the St.
Mary River, as described in the report entitled ``Boulder/
Swiftcurrent Creek Stabilization Project, Phase II
Investigations Report'', prepared by DOWL HKM, and dated March
2012.
(20) Tribal water rights.--The term ``Tribal water rights''
means the water rights of the Tribe described in article III of
the Compact and this subtitle, including--
(A) the Lake Elwell allocation provided to the Tribe
under section 3709; and
(B) the instream flow water rights described in
section 3719.
(21) Tribe.--The term ``Tribe'' means the Blackfeet Tribe of
the Blackfeet Indian Reservation of Montana.
SEC. 3704. RATIFICATION OF COMPACT.
(a) Ratification.--
[[Page 130 STAT. 1817]]
(1) In general.--As modified by this subtitle, the Compact
is authorized, ratified, and confirmed.
(2) Amendments.--Any amendment to the Compact is authorized,
ratified, and confirmed, to the extent that such amendment is
executed to make the Compact consistent with this subtitle.
(b) Execution.--
(1) In general.--To the extent that the Compact does not
conflict with this subtitle, the Secretary shall execute the
Compact, including all exhibits to, or parts of, the Compact
requiring the signature of the Secretary.
(2) Modifications.--Nothing in this subtitle precludes the
Secretary from approving any modification to an appendix or
exhibit to the Compact that is consistent with this subtitle, to
the extent that the modification does not otherwise require
congressional approval under section 2116 of the Revised
Statutes (25 U.S.C. 177) or any other applicable provision of
Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Compact and this
subtitle, the Secretary shall comply with all applicable
provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(C) all other applicable environmental laws and
regulations.
(2) Effect of execution.--
(A) In general.--The execution of the Compact by the
Secretary under this section shall not constitute a
major Federal action for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(B) Compliance.--The Secretary shall carry out all
Federal compliance activities necessary to implement the
Compact and this subtitle.
SEC. 3705. MILK RIVER WATER RIGHT.
(a) In General.--With respect to the Milk River water right, the
Tribe--
(1) may continue the historical uses and the uses in
existence on the date of enactment of this Act; and
(2) except as provided in article III.F.1.d of the Compact,
shall not develop new uses until the date on which--
(A) the Tribe has entered into the agreement
described in subsection (c); or
(B) the Secretary has established the terms and
conditions described in subsection (e).
(b) Water Rights Arising Under State Law.--With respect to any water
rights arising under State law in the Milk River Basin owned or acquired
by the Tribe, the Tribe--
(1) may continue any use in existence on the date of
enactment of this Act; and
(2) shall not change any use until the date on which--
(A) the Tribe has entered into the agreement
described in subsection (c); or
[[Page 130 STAT. 1818]]
(B) the Secretary has established the terms and
conditions described in subsection (e).
(c) Tribal Agreement.--
(1) In general.--In consultation with the Commissioner of
Reclamation and the Director of the Bureau of Indian Affairs,
the Tribe and the Fort Belknap Indian Community shall enter into
an agreement to provide for the exercise of their respective
water rights on the respective reservations of the Tribe and the
Fort Belknap Indian Community in the Milk River.
(2) Considerations.--The agreement entered into under
paragraph (1) shall take into consideration--
(A) the equal priority dates of the 2 Indian tribes;
(B) the water supplies of the Milk River; and
(C) historical, current, and future uses identified
by each Indian tribe.
(d) Secretarial Determination.--
(1) In general.--Not later than 120 days after the date on
which the agreement described in subsection (c) is submitted to
the Secretary, the Secretary shall review and approve or
disapprove the agreement.
(2) Approval.--The Secretary shall approve the agreement if
the Secretary finds that the agreement--
(A) equitably accommodates the interests of each
Indian tribe in the Milk River;
(B) adequately considers the factors described in
subsection (c)(2); and
(C) is otherwise in accordance with applicable law.
(3) Deadline extension.--The deadline to review the
agreement described in paragraph (1) may be extended by the
Secretary after consultation with the Tribe and the Fort Belknap
Indian Community.
(e) Secretarial Decision.--
(1) In general.--If the Tribe and the Fort Belknap Indian
Community do not, by 3 years after the Secretary certifies under
section 3720(f)(5) that the Tribal membership has approved the
Compact and this subtitle, enter into an agreement approved
under subsection d(2), the Secretary, in the Secretary's sole
discretion, shall establish, after consultation with the Tribe
and the Fort Belknap Indian Community, terms and conditions that
reflect the considerations described in subsection (c)(2) by
which the respective water rights of the Tribe and the Fort
Belknap Indian Community in the Milk River may be exercised.
(2) Consideration as final agency action.--The establishment
by the Secretary of terms and conditions under paragraph (1)
shall be considered to be a final agency action for purposes of
review under chapter 7 of title 5, United States Code.
(3) Judicial review.--An action for judicial review pursuant
to this section shall be brought by not later than the date that
is 1 year after the date of notification of the establishment of
the terms and conditions under this subsection.
(4) Incorporation into decrees.--The agreement under
subsection (c), or the decision of the Secretary under this
subsection, shall be filed with the Montana Water Court, or the
district court with jurisdiction, for incorporation into the
final decrees of the Tribe and the Fort Belknap Indian
Community.
[[Page 130 STAT. 1819]]
(5) Effective date.--The agreement under subsection (c) and
a decision of the Secretary under this subsection--
(A) shall be effective immediately; and
(B) may not be modified absent--
(i) the approval of the Secretary; and
(ii) the consent of the Tribe and the Fort
Belknap Indian Community.
(f) Use of Funds.--The Secretary shall distribute equally the funds
made available under section 3718(a)(2)(C)(ii) to the Tribe and the Fort
Belknap Indian Community to use to reach an agreement under this
section, including for technical analyses and legal and other related
efforts.
SEC. 3706. WATER DELIVERY THROUGH MILK RIVER PROJECT.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Commissioner of Reclamation, shall carry
out the activities authorized under this section with respect to the St.
Mary River water right.
(b) Treatment.--Notwithstanding article IV.D.4 of the Compact, any
responsibility of the United States with respect to the St. Mary River
water right shall be limited to, and fulfilled pursuant to--
(1) subsection (c) of this section; and
(2) subsection (b)(3) of section 3716 and subsection
(a)(1)(C) of section 3718.
(c) Water Delivery Contract.--
(1) In general.--Not later than 180 days after the
enforceability date, the Secretary shall enter into a water
delivery contract with the Tribe for the delivery of not greater
than 5,000 acre-feet per year of the St. Mary River water right
through Milk River Project facilities to the Tribe or another
entity specified by the Tribe.
(2) Terms and conditions.--The contract under paragraph (1)
shall establish the terms and conditions for the water
deliveries described in paragraph (1) in accordance with the
Compact and this subtitle.
(3) Requirements.--The water delivery contract under
paragraph (1) shall include provisions requiring that--
(A) the contract shall be without limit as to term;
(B) the Tribe, and not the United States, shall
collect, and shall be entitled to, all consideration due
to the Tribe under any lease, contract, or agreement
entered into by the Tribe pursuant to subsection (f);
(C) the United States shall have no obligation to
monitor, administer, or account for--
(i) any funds received by the Tribe as
consideration under any lease, contract, or
agreement entered into by the Tribe pursuant to
subsection (f); or
(ii) the expenditure of such funds;
(D) if water deliveries under the contract are
interrupted for an extended period of time because of
damage to, or a reduction in the capacity of, St. Mary
Unit facilities, the rights of the Tribe shall be
treated in the same manner as the rights of other
contractors receiving water deliveries through the Milk
River Project with respect to the water delivered under
this section;
(E) deliveries of water under this section shall
be--
[[Page 130 STAT. 1820]]
(i) limited to not greater than 5,000 acre-
feet of water in any 1 year;
(ii) consistent with operations of the Milk
River Project and without additional costs to the
Bureau of Reclamation, including OM&R costs; and
(iii) without additional cost to the Milk
River Project water users; and
(F) the Tribe shall be required to pay OM&R for
water delivered under this section.
(d) Shortage Sharing or Reduction.--
(1) In general.--The 5,000 acre-feet per year of water
delivered under paragraph (3)(E)(i) of subsection (c) shall not
be subject to shortage sharing or reduction, except as provided
in paragraph (3)(D) of that subsection.
(2) No injury to milk river project water users.--
Notwithstanding article IV.D.4 of the Compact, any reduction in
the Milk River Project water supply caused by the delivery of
water under subsection (c) shall not constitute injury to Milk
River Project water users.
(e) Subsequent Contracts.--
(1) In general.--As part of the studies authorized by
section 3707(c)(1), the Secretary, acting through the
Commissioner of Reclamation, and in cooperation with the Tribe,
shall identify alternatives to provide to the Tribe water from
the St. Mary River water right in quantities greater than the
5,000 acre-feet per year of water described in subsection
(c)(3)(E)(i).
(2) Contract for water delivery.--If the Secretary
determines under paragraph (1) that more than 5,000 acre-feet
per year of the St. Mary River water right can be delivered to
the Tribe, the Secretary shall offer to enter into 1 or more
contracts with the Tribe for the delivery of that water, subject
to the requirements of subsection (c)(3) (except subsection
(c)(3)(E)(i)) and this subsection.
(3) Treatment.--Any delivery of water under this subsection
shall be subject to reduction in the same manner as for Milk
River Project contract holders.
(f) Subcontracts.--
(1) In general.--The Tribe may enter into any subcontract
for the delivery of water under this section to a third party,
in accordance with section 3715(e).
(2) Compliance with other law.--All subcontracts described
in paragraph (1) shall comply with--
(A) this subtitle;
(B) the Compact;
(C) the tribal water code; and
(D) other applicable law.
(3) No liability.--The Secretary shall not be liable to any
party, including the Tribe, for any term of, or any loss or
other detriment resulting from, a lease, contract, or other
agreement entered into pursuant to this subsection.
(g) Effect of Provisions.--Nothing in this section--
(1) precludes the Tribe from taking the water described in
subsection (c)(3)(E)(i), or any additional water provided under
subsection (e), from the direct flow of the St. Mary River; or
[[Page 130 STAT. 1821]]
(2) modifies the quantity of the Tribal water rights
described in article III.G.1. of the Compact.
(h) Other Rights.--Notwithstanding the requirements of article
III.G.1.d of the Compact, after satisfaction of all water rights under
State law for use of St. Mary River water, including the Milk River
Project water rights, the Tribe shall have the right to the remaining
portion of the share of the United States in the St. Mary River under
the International Boundary Waters Treaty of 1909 (36 Stat. 2448) for any
tribally authorized use or need consistent with this subtitle.
SEC. 3707. BUREAU OF RECLAMATION ACTIVITIES TO IMPROVE WATER
MANAGEMENT.
(a) Milk River Project Purposes.--The purposes of the Milk River
Project shall include--
(1) irrigation;
(2) flood control;
(3) the protection of fish and wildlife;
(4) recreation;
(5) the provision of municipal, rural, and industrial water
supply; and
(6) hydroelectric power generation.
(b) Use of Milk River Project Facilities for the Benefit of Tribe.--
The use of Milk River Project facilities to transport water for the
Tribe pursuant to subsections (c) and (e) of section 3706, together with
any use by the Tribe of that water in accordance with this subtitle--
(1) shall be considered to be an authorized purpose of the
Milk River Project; and
(2) shall not change the priority date of any Tribal water
rights.
(c) St. Mary River Studies.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, in cooperation with the Tribe and
the State, shall conduct--
(A) an appraisal study--
(i) to develop a plan for the management and
development of water supplies in the St. Mary
River Basin and Milk River Basin, including the
St. Mary River and Milk River water supplies for
the Tribe and the Milk River water supplies for
the Fort Belknap Indian Community; and
(ii) to identify alternatives to develop
additional water of the St. Mary River for the
Tribe; and
(B) a feasibility study--
(i) using the information resulting from the
appraisal study conducted under subparagraph (A)
and such other information as is relevant, to
evaluate the feasibility of--
(I) alternatives for the
rehabilitation of the St. Mary Diversion
Dam and Canal; and
(II) increased storage in Fresno Dam
and Reservoir; and
(ii) to create a cost allocation study that is
based on the authorized purposes described in
subsections (a) and (b).
[[Page 130 STAT. 1822]]
(2) Cooperative agreement.--On request of the Tribe, the
Secretary shall enter into a cooperative agreement with the
Tribe with respect to the portion of the appraisal study
described in paragraph (1)(A).
(3) Costs nonreimbursable.--The cost of the studies under
this subsection shall not be--
(A) considered to be a cost of the Milk River
Project; or
(B) reimbursable in accordance with the reclamation
laws.
(d) Swiftcurrent Creek Bank Stabilization.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, acting through the Commissioner
of Reclamation, shall carry out appropriate activities
concerning the Swiftcurrent Creek Bank Stabilization Project,
including--
(A) a review of the final project design; and
(B) value engineering analyses.
(2) Modification of final design.--Prior to beginning
construction activities for the Swiftcurrent Creek Bank
Stabilization Project, on the basis of the review conducted
under paragraph (1), the Secretary shall negotiate with the
Tribe appropriate changes, if any, to the final design--
(A) to ensure compliance with applicable industry
standards;
(B) to improve the cost-effectiveness of the
Swiftcurrent Creek Bank Stabilization Project; and
(C) to ensure that the Swiftcurrent Creek Bank
Stabilization Project may be constructed using only the
amounts made available under section 3718.
(3) Applicability of isdeaa.--At the request of the Tribe,
and in accordance with the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary
shall enter into 1 or more agreements with the Tribe to carry
out the Swiftcurrent Bank Stabilization Project.
(e) Administration.--The Commissioner of Reclamation and the Tribe
shall negotiate the cost of any oversight activity carried out by the
Bureau of Reclamation under any agreement entered into under this
section, subject to the condition that the total cost for the oversight
shall not exceed 4 percent of the total costs incurred under this
section.
(f) Milk River Project Rights-of-Way and Easements.--
(1) In general.--Subject to paragraphs (2) and (3), the
Tribe shall grant the United States a right-of-way on
Reservation land owned by the Tribe for all uses by the Milk
River Project (permissive or otherwise) in existence as of
December 31, 2015, including all facilities, flowage easements,
and access easements necessary for the operation and maintenance
of the Milk River Project.
(2) Agreement regarding existing uses.--The Tribe and the
Secretary shall enter into an agreement for a process to
determine the location, nature, and extent of the existing uses
referenced in this subsection. The agreement shall require
that--
(A) a panel of three individuals determine the
location, nature, and extent of existing uses necessary
for the operation and maintenance of the Milk River
Project (the ``Panel
[[Page 130 STAT. 1823]]
Determination''), with the Tribe appointing one
representative of the Tribe, the Secretary appointing
one representative of the Secretary, and those two
representatives jointly appointing a third individual;
(B) if the Panel Determination is unanimous, the
Tribe grant a right-of-way to the United States for the
existing uses identified in the Panel Determination in
accordance with applicable law without additional
compensation;
(C) if the Panel Determination is not unanimous--
(i) the Secretary adopt the Panel
Determination with any amendments the Secretary
reasonably determines necessary to correct any
clear error (the ``Interior Determination''),
provided that if any portion of the Panel
Determination is unanimous, the Secretary will not
amend that portion; and
(ii) the Tribe grant a right-of-way to the
United States for the existing uses identified in
the Interior Determination in accordance with
applicable law without additional compensation,
with the agreement providing for the timing of the
grant to take into consideration the possibility
of review under paragraph (5).
(3) Effect.--Determinations made under this subsection--
(A) do not address title as between the United
States and the Tribe; and
(B) do not apply to any new use of Reservation land
by the United States for the Milk River Project after
December 31, 2015.
(4) Interior determination as final agency action.--Any
determination by the Secretary under paragraph (2)(C) shall be
considered to be a final agency action for purposes of review
under chapter 7 of title 5, United States Code.
(5) Judicial review.--An action for judicial review pursuant
to this section shall be brought by not later than the date that
is 1 year after the date of notification of the Interior
Determination.
(g) Funding.--The total amount of obligations incurred by the
Secretary, prior to any adjustment provided for in section 3718, shall
not exceed--
(1) $3,800,000 to carry out subsection (c);
(2) $20,700,000 to carry out subsection (d); and
(3) $3,100,000 to carry out subsection (f).
SEC. 3708. ST. MARY CANAL HYDROELECTRIC POWER GENERATION.
(a) Bureau of Reclamation Jurisdiction.--Effective beginning on the
date of enactment of this Act, the Commissioner of Reclamation shall
have exclusive jurisdiction to authorize the development of hydropower
on the St. Mary Unit.
(b) Rights of Tribe.--
(1) Exclusive right of tribe.--Subject to paragraph (2) and
notwithstanding any other provision of law, the Tribe shall have
the exclusive right to develop and market hydroelectric power of
the St. Mary Unit.
(2) Limitations.--The exclusive right described in paragraph
(1)--
(A) shall expire on the date that is 15 years after
the date of enactment of an Act appropriating funds for
rehabilitation of the St. Mary Unit; but
[[Page 130 STAT. 1824]]
(B) may be extended by the Secretary at the request
of the Tribe.
(3) OM&R costs.--Effective beginning on the date that is 10
years after the date on which the Tribe begins marketing
hydroelectric power generated from the St. Mary Unit to any
third party, the Tribe shall make annual payments for OM&R costs
attributable to the direct use of any facilities by the Tribe
for hydroelectric power generation, in amounts determined in
accordance with the guidelines and methods of the Bureau of
Reclamation for assessing OM&R charges.
(c) Bureau of Reclamation Cooperation.--The Commissioner of
Reclamation shall cooperate with the Tribe in the development of any
hydroelectric power generation project under this section.
(d) Agreement.--Before construction of a hydroelectric power
generation project under this section, the Tribe shall enter into an
agreement with the Commissioner of Reclamation that includes
provisions--
(1) requiring that--
(A) the design, construction, and operation of the
project shall be consistent with the Bureau of
Reclamation guidelines and methods for hydroelectric
power development at Bureau facilities, as appropriate;
and
(B) the hydroelectric power generation project will
not impair the efficiencies of the Milk River Project
for authorized purposes;
(2) regarding construction and operating criteria and
emergency procedures; and
(3) under which any modification proposed by the Tribe to a
facility owned by the Bureau of Reclamation shall be subject to
review and approval by the Secretary, acting through the
Commissioner of Reclamation.
(e) Use of Hydroelectric Power by Tribe.--Any hydroelectric power
generated in accordance with this section shall be used or marketed by
the Tribe.
(f) Revenues.--The Tribe shall collect and retain any revenues from
the sale of hydroelectric power generated by a project under this
section.
(g) Liability of United States.--The United States shall have no
obligation to monitor, administer, or account for--
(1) any revenues received by the Tribe under this section;
or
(2) the expenditure of those revenues.
(h) Preference.--During any period for which the exclusive right of
the Tribe described in subsection (b)(1) is not in effect, the Tribe
shall have a preference to develop hydropower on the St. Mary Unit
facilities, in accordance with Bureau of Reclamation guidelines and
methods for hydroelectric power development at Bureau facilities.
SEC. 3709. STORAGE ALLOCATION FROM LAKE ELWELL.
(a)(1) Storage Allocation to Tribe.--The Secretary shall allocate to
the Tribe 45,000 acre-feet per year of water stored in Lake Elwell for
use by the Tribe for any beneficial purpose on or off the Reservation,
under a water right held by the United States and managed by the Bureau
of Reclamation, as measured
[[Page 130 STAT. 1825]]
at the outlet works of Tiber Dam or through direct pumping from Lake
Elwell.
(2) Reduction.--Up to 10,000 acre-feet per year of water allocated
to the Tribe pursuant to paragraph (1) will be subject to an acre-foot
for acre-foot reduction if depletions from the Tribal water rights above
Lake Elwell exceed 88,000 acre-feet per year of water because of New
Development (as defined in article II.37 of the Compact).
(b) Treatment.--
(1) In general.--The allocation to the Tribe under
subsection (a) shall be considered to be part of the Tribal
water rights.
(2) Priority date.--The priority date of the allocation to
the Tribe under subsection (a) shall be the priority date of the
Lake Elwell water right held by the Bureau of Reclamation.
(3) Administration.--The Tribe shall administer the water
allocated under subsection (a) in accordance with the Compact
and this subtitle.
(c) Allocation Agreement.--
(1) In general.--As a condition of receiving an allocation
under this section, the Tribe shall enter into an agreement with
the Secretary to establish the terms and conditions of the
allocation, in accordance with the Compact and this subtitle.
(2) Inclusions.--The agreement under paragraph (1) shall
include provisions establishing that--
(A) the agreement shall be without limit as to term;
(B) the Tribe, and not the United States, shall be
entitled to all consideration due to the Tribe under any
lease, contract, or agreement entered into by the Tribe
pursuant to subsection (d);
(C) the United States shall have no obligation to
monitor, administer, or account for--
(i) any funds received by the Tribe as
consideration under any lease, contract, or
agreement entered into by the Tribe pursuant to
subsection (d); or
(ii) the expenditure of those funds;
(D) if the capacity or function of Lake Elwell
facilities are significantly reduced, or are anticipated
to be significantly reduced, for an extended period of
time, the Tribe shall have the same rights as other
storage contractors with respect to the allocation under
this section;
(E) the costs associated with the construction of
the storage facilities at Tiber Dam allocable to the
Tribe shall be nonreimbursable;
(F) no water service capital charge shall be due or
payable for any water allocated to the Tribe pursuant to
this section or the allocation agreement, regardless of
whether that water is delivered for use by the Tribe or
under a lease, contract, or by agreement entered into by
the Tribe pursuant to subsection (d);
(G) the Tribe shall not be required to make payments
to the United States for any water allocated to the
Tribe under this subtitle or the allocation agreement,
except for each acre-foot of stored water leased or
transferred for industrial purposes as described in
subparagraph (H);
(H) for each acre-foot of stored water leased or
transferred by the Tribe for industrial purposes--
[[Page 130 STAT. 1826]]
(i) the Tribe shall pay annually to the United
States an amount necessary to cover the
proportional share of the annual OM&R costs
allocable to the quantity of water leased or
transferred by the Tribe for industrial purposes;
and
(ii) the annual payments of the Tribe shall be
reviewed and adjusted, as appropriate, to reflect
the actual OM&R costs for Tiber Dam; and
(I) the adjustment process identified in subsection
(a)(2) will be based on specific enumerated provisions.
(d) Agreements by Tribe.--The Tribe may use, lease, contract,
exchange, or enter into other agreements for use of the water allocated
to the Tribe under subsection (a), if--
(1) the use of water that is the subject of such an
agreement occurs within the Missouri River Basin; and
(2) the agreement does not permanently alienate any portion
of the water allocated to the Tribe under subsection (a).
(e) Effective Date.--The allocation under subsection (a) takes
effect on the enforceability date.
(f) No Carryover Storage.--The allocation under subsection (a) shall
not be increased by any year-to-year carryover storage.
(g) Development and Delivery Costs.--The United States shall not be
required to pay the cost of developing or delivering any water allocated
under this section.
SEC. 3710. IRRIGATION ACTIVITIES.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Commissioner of Reclamation and in
accordance with subsection (c), shall carry out the following actions
relating to the Blackfeet Irrigation Project:
(1) Deferred maintenance.
(2) Dam safety improvements for Four Horns Dam.
(3) Rehabilitation and enhancement of the Four Horns Feeder
Canal, Dam, and Reservoir.
(b) Lead Agency.--The Bureau of Reclamation shall serve as the lead
agency with respect to any activities carried out under this section.
(c) Scope of Deferred Maintenance Activities and Four Horns Dam
Safety Improvements.--
(1) In general.--Subject to the conditions described in
paragraph (2), the scope of the deferred maintenance activities
and Four Horns Dam safety improvements shall be as generally
described in--
(A) the document entitled ``Engineering Evaluation
and Condition Assessment, Blackfeet Irrigation
Project'', prepared by DOWL HKM, and dated August 2007;
and
(B) the provisions relating to Four Horns
Rehabilitated Dam of the document entitled ``Four Horns
Dam Enlarged Appraisal Evaluation Design Report'',
prepared by DOWL HKM, and dated April 2007.
(2) Conditions.--The conditions referred to in paragraph (1)
are that, before commencing construction activities, the
Secretary shall--
(A) review the design of the proposed rehabilitation
or improvement;
(B) perform value engineering analyses;
[[Page 130 STAT. 1827]]
(C) perform appropriate Federal environmental
compliance activities; and
(D) ensure that the deferred maintenance activities
and dam safety improvements may be constructed using
only the amounts made available under section 3718.
(d) Scope of Rehabilitation and Enhancement of Four Horns Feeder
Canal, Dam, and Reservoir.--
(1) In general.--The scope of the rehabilitation and
improvements shall be as generally described in the document
entitled ``Four Horns Feeder Canal Rehabilitation with Export'',
prepared by DOWL HKM, and dated April 2013, subject to the
condition that, before commencing construction activities, the
Secretary shall--
(A) review the design of the proposed rehabilitation
or improvement;
(B) perform value engineering analyses;
(C) perform appropriate Federal environmental
compliance activities; and
(D) ensure that the rehabilitation and improvements
may be constructed using only the amounts made available
under section 3718.
(2) Inclusions.--The activities carried out by the Secretary
under this subsection shall include--
(A) the rehabilitation or improvement of the Four
Horns feeder canal system to a capacity of not fewer
than 360 cubic feet per second;
(B) the rehabilitation or improvement of the outlet
works of Four Horns Dam and Reservoir to deliver not
less than 15,000 acre-feet of water per year, in
accordance with subparagraph (C); and
(C) construction of facilities to deliver not less
than 15,000 acre-feet of water per year from Four Horns
Dam and Reservoir, to a point on or near Birch Creek to
be designated by the Tribe and the State for delivery of
water to the water delivery system of the Pondera County
Canal and Reservoir Company on Birch Creek, in
accordance with the Birch Creek Agreement.
(3) Negotiation with tribe.--On the basis of the review
described in paragraph (1)(A), the Secretary shall negotiate
with the Tribe appropriate changes to the final design of any
activity under this subsection to ensure that the final design
meets applicable industry standards.
(e) Funding.--The total amount of obligations incurred by the
Secretary in carrying out this section, prior to any adjustment provided
for in section 3718, shall not exceed $54,900,000, of which--
(1) $40,900,000 shall be allocated to carry out the
activities described in subsection (c); and
(2) $14,000,000 shall be allocated to carry out the
activities described in subsection (d)(2).
(f) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(g) Non-Federal Contribution.--No part of the project under
subsection (d) shall be commenced until the State has made available
$20,000,000 to carry out the activities described in subsection (d)(2).
[[Page 130 STAT. 1828]]
(h) Administration.--The Commissioner of Reclamation and the Tribe
shall negotiate the cost of any oversight activity carried out by the
Bureau of Reclamation under any agreement entered into under subsection
(m), subject to the condition that the total cost for the oversight
shall not exceed 4 percent of the total project costs for each project.
(i) Project Efficiencies.--If the total cost of planning, design,
and construction activities relating to the projects described in this
section results in cost savings and is less than the amounts authorized
to be obligated, the Secretary, at the request of the Tribe, may--
(1) use those cost savings to carry out a project described
in section 3707(d), 3711, 3712, or 3713; or
(2) deposit those cost savings to the Blackfeet OM&R Trust
Account.
(j) Ownership by Tribe of Birch Creek Delivery Facilities.--
Notwithstanding any other provision of law, the Secretary shall transfer
to the Tribe, at no cost, title in and to the facilities constructed
under subsection (d)(2)(C).
(k) Ownership, Operation, and Maintenance.--On transfer to the Tribe
of title under subsection (j), the Tribe shall--
(1) be responsible for OM&R in accordance with the Birch
Creek Agreement; and
(2) enter into an agreement with the Bureau of Indian
Affairs regarding the operation of the facilities described in
that subsection.
(l) Liability of United States.--The United States shall have no
obligation or responsibility with respect the facilities described in
subsection (d)(2)(C).
(m) Applicability of ISDEAA.--At the request of the Tribe, and in
accordance with the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.), the Secretary shall enter into 1 or more
agreements with the Tribe to carry out this section.
(n) Effect.--Nothing in this section--
(1) alters any applicable law (including regulations) under
which the Bureau of Indian Affairs collects assessments or
carries out Blackfeet Irrigation Project OM&R; or
(2) impacts the availability of amounts made available under
subsection (a)(1)(B) of section 3718.
SEC. 3711. DESIGN AND CONSTRUCTION OF MR&I SYSTEM.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Commissioner of Reclamation, shall plan,
design, and construct the water diversion and delivery features of the
MR&I System in accordance with 1 or more agreements between the
Secretary and the Tribe.
(b) Lead Agency.--The Bureau of Reclamation shall serve as the lead
agency with respect to any activity to design and construct the water
diversion and delivery features of the MR&I System.
(c) Scope.--
(1) In general.--The scope of the design and construction
under this section shall be as generally described in the
document entitled ``Blackfeet Regional Water System'', prepared
by DOWL HKM, dated June 2010, and modified by DOWL HKM in the
addendum to the report dated March 2013, subject
[[Page 130 STAT. 1829]]
to the condition that, before commencing final design and
construction activities, the Secretary shall--
(A) review the design of the proposed rehabilitation
and construction;
(B) perform value engineering analyses; and
(C) perform appropriate Federal compliance
activities.
(2) Negotiation with tribe.--On the basis of the review
described in paragraph (1)(A), the Secretary shall negotiate
with the Tribe appropriate changes, if any, to the final
design--
(A) to ensure that the final design meets applicable
industry standards;
(B) to improve the cost-effectiveness of the
delivery of MR&I System water; and
(C) to ensure that the MR&I System may be
constructed using only the amounts made available under
section 3718.
(d) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(e) Funding.--The total amount of obligations incurred by the
Secretary in carrying out this section, prior to any adjustment provided
for in section 3718, shall not exceed $76,200,000.
(f) Non-Federal Contribution.--
(1) Consultation.--Before completion of the final design of
the MR&I System required by subsection (c), the Secretary shall
consult with the Tribe, the State, and other affected non-
Federal parties to discuss the possibility of receiving non-
Federal contributions for the cost of the MR&I System.
(2) Negotiations.--If, based on the extent to which non-
Federal parties are expected to use the MR&I System, a non-
Federal contribution to the MR&I System is determined by the
parties described in paragraph (1) to be appropriate, the
Secretary shall initiate negotiations for an agreement regarding
the means by which the contributions shall be provided.
(g) Ownership by Tribe.--Title to the MR&I System and all facilities
rehabilitated or constructed under this section shall be held by the
Tribe.
(h) Administration.--The Commissioner of Reclamation and the Tribe
shall negotiate the cost of any oversight activity carried out by the
Bureau of Reclamation under any agreement entered into under this
section, subject to the condition that the total cost for the oversight
shall not exceed 4 percent of the total costs incurred under this
section.
(i) OM&R Costs.--The Federal Government shall have no obligation to
pay for the OM&R costs for any facility rehabilitated or constructed
under this section.
(j) Project Efficiencies.--If the total cost of planning, design,
and construction activities relating to the projects described in this
section results in cost savings and is less than the amounts authorized
to be obligated, the Secretary, at the request of the Tribe, may--
(1) use those cost savings to carry out a project described
in section 3707(d), 3710, 3712, or 3713; or
(2) deposit those cost savings to the Blackfeet OM&R Trust
Account.
(k) Applicability of ISDEAA.--At the request of the Tribe, and in
accordance with the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.), the Secretary shall
[[Page 130 STAT. 1830]]
enter into 1 or more agreements with the Tribe to carry out this
section.
SEC. 3712. DESIGN AND CONSTRUCTION OF WATER STORAGE AND IRRIGATION
FACILITIES.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Commissioner of Reclamation, shall plan,
design, and construct 1 or more facilities to store water and support
irrigation on the Reservation in accordance with 1 or more agreements
between the Secretary and the Tribe.
(b) Lead Agency.--The Bureau of Reclamation shall serve as the lead
agency with respect to any activity to design and construct the
irrigation development and water storage facilities described in
subsection (c).
(c) Scope.--
(1) In general.--The scope of the design and construction
under this section shall be as generally described in the
document entitled ``Blackfeet Water Storage, Development, and
Project Report'', prepared by DOWL HKM, and dated March 13,
2013, as modified and agreed to by the Secretary and the Tribe,
subject to the condition that, before commencing final design
and construction activities, the Secretary shall--
(A) review the design of the proposed construction;
(B) perform value engineering analyses; and
(C) perform appropriate Federal compliance
activities.
(2) Modification.--The Secretary may modify the scope of
construction for the projects described in the document referred
to in paragraph (1), if--
(A) the modified project is--
(i) similar in purpose to the proposed
projects; and
(ii) consistent with the purposes of this
subtitle; and
(B) the Secretary has consulted with the Tribe
regarding any modification.
(3) Negotiation with tribe.--On the basis of the review
described in paragraph (1)(A), the Secretary shall negotiate
with the Tribe appropriate changes, if any, to the final
design--
(A) to ensure that the final design meets applicable
industry standards;
(B) to improve the cost-effectiveness of any
construction; and
(C) to ensure that the projects may be constructed
using only the amounts made available under section
3718.
(d) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(e) Funding.--The total amount of obligations incurred by the
Secretary in carrying out this section, prior to any adjustment provided
for in section 3718, shall not exceed $87,300,000.
(f) Ownership by Tribe.--Title to all facilities rehabilitated or
constructed under this section shall be held by the Tribe, except that
title to the Birch Creek Unit of the Blackfeet Indian Irrigation Project
shall remain with the Bureau of Indian Affairs.
(g) Administration.--The Commissioner of Reclamation and the Tribe
shall negotiate the cost of any oversight activity carried out by the
Bureau of Reclamation under any agreement entered into under this
section, subject to the condition that the total
[[Page 130 STAT. 1831]]
cost for the oversight shall not exceed 4 percent of the total costs
incurred under this section.
(h) OM&R Costs.--The Federal Government shall have no obligation to
pay for the OM&R costs for the facilities rehabilitated or constructed
under this section.
(i) Project Efficiencies.--If the total cost of planning, design,
and construction activities relating to the projects described in this
section results in cost savings and is less than the amounts authorized
to be obligated, the Secretary, at the request of the Tribe, may--
(1) use those cost savings to carry out a project described
in section 3707(d), 3710, 3711, or 3713; or
(2) deposit those cost savings to the Blackfeet OM&R Trust
Account.
(j) Applicability of ISDEAA.--At the request of the Tribe, and in
accordance with the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.), the Secretary shall enter into 1 or more
agreements with the Tribe to carry out this section.
SEC. 3713. BLACKFEET WATER, STORAGE, AND DEVELOPMENT PROJECTS.
(a) In General.--
(1) Scope.--The scope of the construction under this section
shall be as generally described in the document entitled
``Blackfeet Water Storage, Development, and Project Report'',
prepared by DOWL HKM, and dated March 13, 2013, as modified and
agreed to by the Secretary and the Tribe.
(2) Modification.--The Tribe may modify the scope of the
projects described in the document referred to in paragraph (1)
if--
(A) the modified project is--
(i) similar to the proposed project; and
(ii) consistent with the purposes of this
subtitle; and
(B) the modification is approved by the Secretary.
(b) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(c) Funding.--The total amount of obligations incurred by the
Secretary in carrying out this section, prior to any adjustment provided
for in section 3718, shall not exceed $91,000,000.
(d) OM&R Costs.--The Federal Government shall have no obligation to
pay for the OM&R costs for the facilities rehabilitated or constructed
under this section.
(e) Ownership by Tribe.--Title to any facility constructed under
this section shall be held by the Tribe.
SEC. 3714. EASEMENTS AND RIGHTS-OF-WAY.
(a) Tribal Easements and Rights-of-Way.--
(1) In general.--On request of the Secretary, the Tribe
shall grant, at no cost to the United States, such easements and
rights-of-way over tribal land as are necessary for the
construction of the projects authorized by sections 3710 and
3711.
(2) Jurisdiction.--An easement or right-of-way granted by
the Tribe pursuant to paragraph (1) shall not affect in any
respect the civil or criminal jurisdiction of the Tribe over the
easement or right-of-way.
[[Page 130 STAT. 1832]]
(b) Landowner Easements and Rights-of-Way.--In partial consideration
for the construction activities authorized by section 3711, and as a
condition of receiving service from the MR&I System, a landowner shall
grant, at no cost to the United States or the Tribe, such easements and
rights-of-way over the land of the landowner as may be necessary for the
construction of the MR&I System.
(c) Land Acquired by United States or Tribe.--Any land acquired
within the boundaries of the Reservation by the United States on behalf
of the Tribe, or by the Tribe on behalf of the Tribe, in connection with
achieving the purposes of this subtitle shall be held in trust by the
United States for the benefit of the Tribe.
SEC. 3715. TRIBAL WATER RIGHTS.
(a) Confirmation of Tribal Water Rights.--
(1) In general.--The Tribal water rights are ratified,
confirmed, and declared to be valid.
(2) Use.--Any use of the Tribal water rights shall be
subject to the terms and conditions of the Compact and this
subtitle.
(3) Conflict.--In the event of a conflict between the
Compact and this subtitle, the provisions of this subtitle shall
control.
(b) Intent of Congress.--It is the intent of Congress to provide to
each allottee benefits that are equivalent to, or exceed, the benefits
the allottees possess on the day before the date of enactment of this
Act, taking into consideration--
(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Compact and this
subtitle;
(2) the availability of funding under this subtitle and from
other sources;
(3) the availability of water from the Tribal water rights;
and
(4) the applicability of section 7 of the Act of February 8,
1887 (25 U.S.C. 381), and this subtitle to protect the interests
of allottees.
(c) Trust Status of Tribal Water Rights.--The Tribal water rights--
(1) shall be held in trust by the United States for the use
and benefit of the Tribe and the allottees in accordance with
this subtitle; and
(2) shall not be subject to forfeiture or abandonment.
(d) Allottees.--
(1) Applicability of act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (25
U.S.C. 381), relating to the use of water for irrigation
purposes, shall apply to the Tribal water rights.
(2) Entitlement to water.--Any entitlement to water of an
allottee under Federal law shall be satisfied from the Tribal
water rights.
(3) Allocations.--An allottee shall be entitled to a just
and equitable allocation of water for irrigation purposes.
(4) Claims.--
(A) Exhaustion of remedies.--Before asserting any
claim against the United States under section 7 of the
Act of February 8, 1887 (25 U.S.C. 381), or any other
[[Page 130 STAT. 1833]]
applicable law, an allottee shall exhaust remedies
available under the tribal water code or other
applicable tribal law.
(B) Action for relief.--After the exhaustion of all
remedies available under the tribal water code or other
applicable tribal law, an allottee may seek relief under
section 7 of the Act of February 8, 1887 (25 U.S.C.
381), or other applicable law.
(5) Authority of secretary.--The Secretary shall have the
authority to protect the rights of allottees in accordance with
this section.
(e) Authority of Tribe.--
(1) In general.--The Tribe shall have the authority to
allocate, distribute, and lease the Tribal water rights for any
use on the Reservation in accordance with the Compact, this
subtitle, and applicable Federal law.
(2) Off-reservation use.--The Tribe may allocate,
distribute, and lease the Tribal water rights for off-
Reservation use in accordance with the Compact, subject to the
approval of the Secretary.
(3) Land leases by allottees.--Notwithstanding paragraph
(1), an allottee may lease any interest in land held by the
allottee, together with any water right determined to be
appurtenant to the interest in land, in accordance with the
tribal water code.
(f) Tribal Water Code.--
(1) In general.--Notwithstanding article IV.C.1. of the
Compact, not later than 4 years after the date on which the
Tribe ratifies the Compact in accordance with this subtitle, the
Tribe shall enact a tribal water code that provides for--
(A) the management, regulation, and governance of
all uses of the Tribal water rights in accordance with
the Compact and this subtitle; and
(B) establishment by the Tribe of conditions, permit
requirements, and other requirements for the allocation,
distribution, or use of the Tribal water rights in
accordance with the Compact and this subtitle.
(2) Inclusions.--Subject to the approval of the Secretary,
the tribal water code shall provide--
(A) that use of water by allottees shall be
satisfied with water from the Tribal water rights;
(B) a process by which an allottee may request that
the Tribe provide water for irrigation use in accordance
with this subtitle, including the provision of water
under any allottee lease under section 4 of the Act of
June 25, 1910 (25 U.S.C. 403);
(C) a due process system for the consideration and
determination by the Tribe of any request by an allottee
(or a successor in interest to an allottee) for an
allocation of water for irrigation purposes on allotted
land, including a process for--
(i) appeal and adjudication of any denied or
disputed distribution of water; and
(ii) resolution of any contested
administrative decision; and
(D) a requirement that any allottee asserting a
claim relating to the enforcement of rights of the
allottee under the tribal water code, or to the quantity
of water allocated
[[Page 130 STAT. 1834]]
to land of the allottee, shall exhaust all remedies
available to the allottee under tribal law before
initiating an action against the United States or
petitioning the Secretary pursuant to subsection
(d)(4)(B).
(3) Action by secretary.--
(A) In general.--During the period beginning on the
date of enactment of this Act and ending on the date on
which a tribal water code described in paragraphs (1)
and (2) is enacted, the Secretary shall administer, with
respect to the rights of allottees, the Tribal water
rights in accordance with this subtitle.
(B) Approval.--The tribal water code described in
paragraphs (1) and (2) shall not be valid unless--
(i) the provisions of the tribal water code
required by paragraph (2) are approved by the
Secretary; and
(ii) each amendment to the tribal water code
that affects a right of an allottee is approved by
the Secretary.
(C) Approval period.--
(i) In general.--The Secretary shall approve
or disapprove the tribal water code or an
amendment to the tribal water code not later than
180 days after the date on which the tribal water
code or amendment is submitted to the Secretary.
(ii) Extension.--The deadline described in
clause (i) may be extended by the Secretary after
consultation with the Tribe.
(g) Administration.--
(1) No alienation.--The Tribe shall not permanently alienate
any portion of the Tribal water rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this subtitle for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this subtitle shall be considered to satisfy any
requirement for authorization of the action by treaty or
convention imposed by section 2116 of the Revised Statutes (25
U.S.C. 177).
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Tribal water rights by a lessee or contractor
shall not result in the forfeiture, abandonment, relinquishment,
or other loss of all or any portion of the Tribal water rights.
(h) Effect.--Except as otherwise expressly provided in this section,
nothing in this subtitle--
(1) authorizes any action by an allottee against any
individual or entity, or against the Tribe, under Federal,
State, tribal, or local law; or
(2) alters or affects the status of any action brought
pursuant to section 1491(a) of title 28, United States Code.
SEC. 3716. BLACKFEET SETTLEMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund, to be known as the ``Blackfeet Settlement
Trust Fund'' (referred to in this section as the ``Trust Fund''), to be
managed, invested, and distributed by the Secretary and to remain
available until expended, consisting of the amounts deposited in the
Trust Fund under subsection (c), together with any interest earned on
those amounts, for the purpose of carrying out this subtitle.
[[Page 130 STAT. 1835]]
(b) Accounts.--The Secretary shall establish in the Trust Fund the
following accounts:
(1) The Administration and Energy Account.
(2) The OM&R Account.
(3) The St. Mary Account.
(4) The Blackfeet Water, Storage, and Development Projects
Account.
(c) Deposits.--The Secretary shall deposit in the Trust Fund--
(1) in the Administration and Energy Account, the amount
made available pursuant to section 3718(a)(1)(A);
(2) in the OM&R Account, the amount made available pursuant
to section 3718(a)(1)(B);
(3) in the St. Mary Account, the amount made available
pursuant to section 3718(a)(1)(C); and
(4) in the Blackfeet Water, Storage, and Development
Projects Account, the amount made available pursuant to section
3718(a)(1)(D).
(d) Management and Interest.--
(1) Management.--The Secretary shall manage, invest, and
distribute all amounts in the Trust Fund in a manner that is
consistent with the investment authority of the Secretary
under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(2) Interest.--In addition to the deposits under subsection
(c), any interest credited to amounts unexpended in the Trust
Fund are authorized to be appropriated to be used in accordance
with the uses described in subsection (h).
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Trust Fund, including any investment earnings, shall be made
available to the Tribe by the Secretary beginning on the
enforceability date.
(2) Funding for tribal implementation activities.--
Notwithstanding paragraph (1), on approval pursuant to this
subtitle and the Compact by a referendum vote of a majority of
votes cast by members of the Tribe on the day of the vote, as
certified by the Secretary and the Tribe and subject to the
availability of appropriations, of the amounts in the
Administration and Energy Account, $4,800,000 shall be made
available to the Tribe for the implementation of this subtitle.
(f) Withdrawals Under AIFRMRA.--
(1) In general.--The Tribe may withdraw any portion of the
funds in the Trust Fund on approval by the Secretary of a tribal
management plan submitted by the Tribe in accordance with the
American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.).
(2) Requirements.--
(A) In general.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
management plan under paragraph (1) shall require that
the Tribe shall spend all amounts withdrawn from the
Trust Fund in accordance with this subtitle.
[[Page 130 STAT. 1836]]
(B) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce the tribal
management plan to ensure that amounts withdrawn by the
Tribe from the Trust Fund under this subsection are used
in accordance with this subtitle.
(g) Withdrawals Under Expenditure Plan.--
(1) In general.--The Tribe may submit to the Secretary a
request to withdraw funds from the Trust Fund pursuant to an
approved expenditure plan.
(2) Requirements.--To be eligible to withdraw funds under an
expenditure plan under paragraph (1), the Tribe shall submit to
the Secretary for approval an expenditure plan for any portion
of the Trust Fund that the Tribe elects to withdraw pursuant to
this subsection, subject to the condition that the funds shall
be used for the purposes described in this subtitle.
(3) Inclusions.--An expenditure plan under this subsection
shall include a description of the manner and purpose for which
the amounts proposed to be withdrawn from the Trust Fund will be
used by the Tribe, in accordance with subsection (h).
(4) Approval.--On receipt of an expenditure plan under this
subsection, the Secretary shall approve the plan, if the
Secretary determines that the plan--
(A) is reasonable; and
(B) is consistent with, and will be used for, the
purposes of this subtitle.
(5) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce an expenditure plan to ensure that amounts
disbursed under this subsection are used in accordance with this
subtitle.
(h) Uses.--Amounts from the Trust Fund shall be used by the Tribe
for the following purposes:
(1) The Administration and Energy Account shall be used for
administration of the Tribal water rights and energy development
projects under this subtitle and the Compact.
(2) The OM&R Account shall be used to assist the Tribe in
paying OM&R costs.
(3) The St. Mary Account shall be distributed pursuant to an
expenditure plan approved under subsection (g), subject to the
conditions that--
(A) during the period for which the amount is
available and held by the Secretary, $500,000 shall be
distributed to the Tribe annually as compensation for
the deferral of the St. Mary water right; and
(B) any additional amounts deposited in the account
may be withdrawn and used by the Tribe to pay OM&R costs
or other expenses for 1 or more projects to benefit the
Tribe, as approved by the Secretary, subject to the
requirement that the Secretary shall not approve an
expenditure plan under this paragraph unless the Tribe
provides a resolution of the tribal council--
(i) approving the withdrawal of the funds from
the account; and
[[Page 130 STAT. 1837]]
(ii) acknowledging that the Secretary will not
be able to distribute funds under subparagraph (A)
indefinitely if the principal funds in the account
are reduced.
(4) The Blackfeet Water, Storage, and Development Projects
Account shall be used to carry out section 3713.
(i) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure or investment of any amounts
withdrawn from the Trust Fund by the Tribe under subsection (f) or (g).
(j) No Per Capita Distributions.--No portion of the Trust Fund shall
be distributed on a per capita basis to any member of the Tribe.
(k) Deposit of Funds.--On request by the Tribe, the Secretary may
deposit amounts from an account described in paragraph (1), (2), or (4)
of subsection (b) to any other account the Secretary determines to be
appropriate.
SEC. 3717. BLACKFEET WATER SETTLEMENT IMPLEMENTATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a nontrust, interest-bearing account, to be known as the
``Blackfeet Water Settlement Implementation Fund'' (referred to in this
section as the ``Implementation Fund''), to be managed and distributed
by the Secretary, for use by the Secretary for carrying out this
subtitle.
(b) Accounts.--The Secretary shall establish in the Implementation
Fund the following accounts:
(1) The MR&I System, Irrigation, and Water Storage Account.
(2) The Blackfeet Irrigation Project Deferred Maintenance
and Four Horns Dam Safety Improvements Account.
(3) The St. Mary/Milk Water Management and Activities Fund.
(c) Deposits.--The Secretary shall deposit in the Implementation
Fund--
(1) in the MR&I System, Irrigation, and Water Storage
Account, the amount made available pursuant to section
3718(a)(2)(A);
(2) in the Blackfeet Irrigation Project Deferred Maintenance
and Four Horns Dam Safety Improvements Account, the amount made
available pursuant to section 3718(a)(2)(B); and
(3) in the St. Mary/Milk Water Management and Activities
Fund, the amount made available pursuant to section
3718(a)(2)(C).
(d) Uses.--
(1) MR&I system, irrigation, and water storage account.--The
MR&I System, Irrigation, and Water Storage Account shall be used
to carry out sections 3711 and 3712.
(2) Blackfeet irrigation project deferred maintenance and
four horns dam safety improvements account.--The Blackfeet
Irrigation Project Deferred Maintenance and Four Horns Dam
Safety Improvements Account shall be used to carry out section
3710.
(3) St. mary/milk water management and activities account.--
The St. Mary/Milk Water Management and Activities Account shall
be used to carry out sections 3705 and 3707.
[[Page 130 STAT. 1838]]
(e) Management.--Amounts in the Implementation Fund shall not be
available to the Secretary for expenditure until the enforceability
date.
(f) Interest.--In addition to the deposits under subsection (c), any
interest credited to amounts unexpended in the Implementation Fund are
authorized to be appropriated to be used in accordance with the uses
described in subsection (d).
SEC. 3718. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there are authorized to
be appropriated to the Secretary--
(1) as adjusted on appropriation to reflect changes since
April 2010 in the Consumer Price Index for All Urban Consumers
West Urban 50,000 to 1,500,000 index for the amount
appropriated--
(A) for deposit in the Administration and Energy
Account of the Blackfeet Settlement Trust Fund
established under section 3716(b)(1), $28,900,000;
(B) for deposit in the OM&R Account of the Blackfeet
Settlement Trust Fund established under section
3716(b)(2), $27,760,000;
(C) for deposit in the St. Mary Account of the
Blackfeet Settlement Trust Fund established under
section 3716(b)(3), $27,800,000;
(D) for deposit in the Blackfeet Water, Storage, and
Development Projects Account of the Blackfeet Settlement
Trust Fund established under section 3716(b)(4),
$91,000,000; and
(E) the amount of interest credited to the
unexpended amounts of the Blackfeet Settlement Trust
Fund; and
(2) as adjusted annually to reflect changes since April 2010
in the Bureau of Reclamation Construction Cost Trends Index
applicable to the types of construction involved--
(A) for deposit in the MR&I System, Irrigation, and
Water Storage Account of the Blackfeet Water Settlement
Implementation Fund established under section
3717(b)(1), $163,500,000;
(B) for deposit in the Blackfeet Irrigation Project
Deferred Maintenance, Four Horns Dam Safety, and
Rehabilitation and Enhancement of the Four Horns Feeder
Canal, Dam, and Reservoir Improvements Account of the
Blackfeet Water Settlement Implementation Fund
established under section 3717(b)(2), $54,900,000, of
which--
(i) $40,900,000 shall be made available for
activities and projects under section 3710(c); and
(ii) $14,000,000 shall be made available for
activities and projects under section 3710(d)(2);
(C) for deposit in the St. Mary/Milk Water
Management and Activities Account of the Blackfeet Water
Settlement Implementation Fund established under section
3717(b)(3), $28,100,000, of which--
(i) $27,600,000 shall be allocated in
accordance with section 3707(g); and
(ii) $500,000 shall be used to carry out
section 3705; and
[[Page 130 STAT. 1839]]
(D) the amount of interest credited to the
unexpended amounts of the Blackfeet Water Settlement
Implementation Fund.
(b) Adjustments.--
(1) In general.--The adjustment of the amounts authorized to
be appropriated pursuant to subsection (a)(1) shall occur each
time an amount is appropriated for an account and shall add to,
or subtract from, as applicable, the total amount authorized.
(2) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has been
appropriated.
(3) Treatment.--The amount of an adjustment may be
considered--
(A) to be authorized as of the date on which
congressional action occurs; and
(B) in determining the amount authorized to be
appropriated.
SEC. 3719. WATER RIGHTS IN LEWIS AND CLARK NATIONAL FOREST AND
GLACIER NATIONAL PARK.
The instream flow water rights of the Tribe on land within the Lewis
and Clark National Forest and Glacier National Park--
(1) are confirmed; and
(2) shall be as described in the document entitled
``Stipulation to Address Claims by and for the Benefit of the
Blackfeet Indian Tribe to Water Rights in the Lewis & Clark
National Forest and Glacier National Park'' and as finally
decreed by the Montana Water Court, or, if the Montana Water
Court is found to lack jurisdiction, by the United States
district court with jurisdiction.
SEC. 3720. WAIVERS AND RELEASES OF CLAIMS.
(a) In General.--
(1) Waiver and release of claims by tribe and united states
as trustee for tribe.--Subject to the reservation of rights and
retention of claims under subsection (c), as consideration for
recognition of the Tribal water rights and other benefits as
described in the Compact and this subtitle, the Tribe, acting on
behalf of the Tribe and members of the Tribe (but not any member
of the Tribe as an allottee), and the United States, acting as
trustee for the Tribe and the members of the Tribe (but not any
member of the Tribe as an allottee), shall execute a waiver and
release of all claims for water rights within the State that the
Tribe, or the United States acting as trustee for the Tribe,
asserted or could have asserted in any proceeding, including a
State stream adjudication, on or before the enforceability date,
except to the extent that such rights are recognized in the
Compact and this subtitle.
(2) Waiver and release of claims by united states as trustee
for allottees.--Subject to the reservation of rights and the
retention of claims under subsection (c), as consideration for
recognition of the Tribal water rights and other benefits as
described in the Compact and this subtitle, the United States,
acting as trustee for allottees, shall execute a waiver and
release of all claims for water rights within the Reservation
that the United States, acting as trustee for
[[Page 130 STAT. 1840]]
the allottees, asserted or could have asserted in any
proceeding, including a State stream adjudication, on or before
the enforceability date, except to the extent that such rights
are recognized in the Compact and this subtitle.
(3) Waiver and release of claims by tribe against united
states.--Subject to the reservation of rights and retention of
claims under subsection (d), the Tribe, acting on behalf of the
Tribe and members of the Tribe (but not any member of the Tribe
as an allottee), shall execute a waiver and release of all
claims against the United States (including any agency or
employee of the United States)--
(A) relating to--
(i) water rights within the State that the
United States, acting as trustee for the Tribe,
asserted or could have asserted in any proceeding,
including a stream adjudication in the State,
except to the extent that such rights are
recognized as Tribal water rights under this
subtitle;
(ii) damage, loss, or injury to water, water
rights, land, or natural resources due to loss of
water or water rights (including damages, losses,
or injuries to hunting, fishing, gathering, or
cultural rights due to loss of water or water
rights, claims relating to interference with,
diversion, or taking of water, or claims relating
to failure to protect, acquire, replace, or
develop water, water rights, or water
infrastructure) within the State that first
accrued at any time on or before the
enforceability date;
(iii) a failure to establish or provide a
municipal rural or industrial water delivery
system on the Reservation;
(iv) a failure to provide for operation or
maintenance, or deferred maintenance, for the
Blackfeet Irrigation Project or any other
irrigation system or irrigation project on the
Reservation;
(v) the litigation of claims relating to the
water rights of the Tribe in the State; and
(vi) the negotiation, execution, or adoption
of the Compact (including exhibits) or this
subtitle;
(B) reserved in subsections (b) through (d) of
section 3706 of the settlement for the case styled
Blackfeet Tribe v. United States, No. 02-127L (Fed. Cl.
2012); and
(C) that first accrued at any time on or before the
enforceability date--
(i) arising from the taking or acquisition of
the land of the Tribe or resources for the
construction of the features of the St. Mary Unit
of the Milk River Project;
(ii) relating to the construction, operation,
and maintenance of the St. Mary Unit of the Milk
River Project, including Sherburne Dam, St. Mary
Diversion Dam, St. Mary Canal and associated
infrastructure, and the management of flows in
Swiftcurrent Creek, including the diversion of
Swiftcurrent Creek into Lower St. Mary Lake;
[[Page 130 STAT. 1841]]
(iii) relating to the construction, operation,
and management of Lower Two Medicine Dam and
Reservoir and Four Horns Dam and Reservoir,
including any claim relating to the failure to
provide dam safety improvements for Four Horns
Reservoir; or
(iv) relating to the allocation of waters of
the Milk River and St. Mary River (including
tributaries) between the United States and Canada
pursuant to the International Boundary Waters
Treaty of 1909 (36 Stat. 2448).
(b) Effectiveness.--The waivers and releases under subsection (a)
shall take effect on the enforceability date.
(c) Withdrawal of Objections.--The Tribe shall withdraw all
objections to the water rights claims filed by the United States for the
benefit of the Milk River Project, except objections to those claims
consolidated for adjudication within Basin 40J, within 14 days of the
certification under subsection (f)(5) that the Tribal membership has
approved the Compact and this subtitle.
(1) Prior to withdrawal of the objections, the Tribe may
seek leave of the Montana Water Court for a right to reinstate
the objections in the event the conditions of enforceability in
subsection (f)(1) through (8) are not satisfied by the date of
expiration described in section 3723 of this subtitle.
(2) If the conditions of enforceability in subsection (f)(1)
through (8) are satisfied, and any authority the Montana Water
Court may have granted the Tribe to reinstate objections
described in this section has not yet expired, the Tribe shall
notify the Montana Water Court and the United States in writing
that it will not exercise any such authority.
(d) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases under subsection (a), the Tribe, acting on
behalf of the Tribe and members of the Tribe, and the United States,
acting as trustee for the Tribe and allottees, shall retain--
(1) all claims relating to--
(A) enforcement of, or claims accruing after the
enforceability date relating to water rights recognized
under, the Compact, any final decree, or this subtitle;
(B) activities affecting the quality of water,
including any claim under--
(i) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.), including damages to natural
resources;
(ii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(iii) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) (commonly referred to as
the ``Clean Water Act''); and
(iv) any regulations implementing the Acts
described in clauses (i) through (iii); or
(C) damage, loss, or injury to land or natural
resources that are not due to loss of water or water
rights (including hunting, fishing, gathering, or
cultural rights);
(2) all rights to use and protect water rights acquired
after the date of enactment of this Act; and
[[Page 130 STAT. 1842]]
(3) all rights, remedies, privileges, immunities, and powers
not specifically waived and released pursuant to this subtitle
or the Compact.
(e) Effect of Compact and Subtitle.--Nothing in the Compact or this
subtitle--
(1) affects the ability of the United States, acting as a
sovereign, to take any action authorized by law (including any
law relating to health, safety, or the environment), including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act''); and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(2) affects the ability of the United States to act as
trustee for any other Indian tribe or allottee of any other
Indian tribe;
(3) confers jurisdiction on any State court--
(A) to interpret Federal law regarding health,
safety, or the environment;
(B) to determine the duties of the United States or
any other party pursuant to a Federal law regarding
health, safety, or the environment; or
(C) to conduct judicial review of a Federal agency
action;
(4) waives any claim of a member of the Tribe in an
individual capacity that does not derive from a right of the
Tribe;
(5) revives any claim waived by the Tribe in the case styled
Blackfeet Tribe v. United States, No. 02-127L (Fed. Cl. 2012);
or
(6) revives any claim released by an allottee or a tribal
member in the settlement for the case styled Cobell v. Salazar,
No. 1:96CV01285-JR (D.D.C. 2012).
(f) Enforceability Date.--The enforceability date shall be the date
on which the Secretary publishes in the Federal Register a statement of
findings that--
(1)(A) the Montana Water Court has approved the Compact, and
that decision has become final and nonappealable; or
(B) if the Montana Water Court is found to lack
jurisdiction, the appropriate United States district court has
approved the Compact, and that decision has become final and
nonappealable;
(2) all amounts authorized under section 3718(a) have been
appropriated;
(3) the agreements required by sections 3706(c), 3707(f),
and 3709(c) have been executed;
(4) the State has appropriated and paid into an interest-
bearing escrow account any payments due as of the date of
enactment of this Act to the Tribe under the Compact, the Birch
Creek Agreement, and this subtitle;
(5) the members of the Tribe have voted to approve this
subtitle and the Compact by a majority of votes cast on the day
of the vote, as certified by the Secretary and the Tribe;
[[Page 130 STAT. 1843]]
(6) the Secretary has fulfilled the requirements of section
3709(a);
(7) the agreement or terms and conditions referred to in
section 3705 are executed and final; and
(8) the waivers and releases described in subsection (a)
have been executed by the Tribe and the Secretary.
(g) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled during the period beginning on the
date of enactment of this Act and ending on the date on which
the amounts made available to carry out this subtitle are
transferred to the Secretary.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(h) Expiration.--If all appropriations authorized by this subtitle
have not been made available to the Secretary by January 21, 2026, or
such alternative later date as is agreed to by the Tribe and the
Secretary, the waivers and releases described in this section shall--
(1) expire; and
(2) have no further force or effect.
(i) Voiding of Waivers.--If the waivers and releases described in
this section are void under subsection (h)--
(1) the approval of the United States of the Compact under
section 3704 shall no longer be effective;
(2) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this
subtitle, together with any interest earned on those funds, and
any water rights or contracts to use water and title to other
property acquired or constructed with Federal funds appropriated
or made available to carry out the activities authorized under
this subtitle shall be returned to the Federal Government,
unless otherwise agreed to by the Tribe and the United States
and approved by Congress; and
(3) except for Federal funds used to acquire or develop
property that is returned to the Federal Government under
paragraph (2), the United States shall be entitled to offset any
Federal funds appropriated or made available to carry out the
activities authorized under this subtitle that were expended or
withdrawn, together with any interest accrued, against any
claims against the United States relating to water rights in the
State asserted by the Tribe or any user of the Tribal water
rights or in any future settlement of the water rights of the
Tribe or an allottee.
SEC. 3721. SATISFACTION OF CLAIMS.
(a) Tribal Claims.--The benefits realized by the Tribe under this
subtitle shall be in complete replacement of, complete substitution for,
and full satisfaction of all--
(1) claims of the Tribe against the United States waived and
released pursuant to section 3720(a); and
(2) objections withdrawn pursuant to section 3720(c).
[[Page 130 STAT. 1844]]
(b) Allottee Claims.--The benefits realized by the allottees under
this subtitle shall be in complete replacement of, complete substitution
for, and full satisfaction of--
(1) all claims waived and released pursuant to section
3720(a)(2); and
(2) any claim of an allottee against the United States
similar in nature to a claim described in section 3720(a)(2)
that the allottee asserted or could have asserted.
SEC. 3722. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity.--Except as provided in subsections
(a) through (c) of section 208 of the Department of Justice
Appropriation Act, 1953 (43 U.S.C. 666), nothing in this subtitle waives
the sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this subtitle
quantifies or diminishes any land or water right, or any claim or
entitlement to land or water, of an Indian tribe, band, or community
other than the Tribe.
(c) Limitation on Claims for Reimbursement.--With respect to any
Indian-owned land located within the Reservation--
(1) the United States shall not submit against that land any
claim for reimbursement of the cost to the United States of
carrying out this subtitle or the Compact; and
(2) no assessment of that land shall be made regarding that
cost.
(d) Limitation on Liability of United States.--
(1) In general.--The United States has no obligation--
(A) to monitor, administer, or account for, in any
manner, any funds provided to the Tribe by the State; or
(B) to review or approve any expenditure of those
funds.
(2) Indemnity.--The Tribe shall indemnify the United States,
and hold the United States harmless, with respect to all claims
(including claims for takings or breach of trust) arising from
the receipt or expenditure of amounts described in this
subsection.
(e) Effect on Current Law.--Nothing in this section affects any
provision of law (including regulations) in effect on the day before the
date of enactment of this Act with respect to preenforcement review of
any Federal environmental enforcement action.
(f) Effect on Reclamation Laws.--The activities carried out by the
Commissioner of Reclamation under this subtitle shall not establish a
precedent or impact the authority provided under any other provision of
the reclamation laws, including--
(1) the Reclamation Rural Water Supply Act of 2006 (43
U.S.C. 2401 et seq.); and
(2) the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991).
(g) Irrigation Efficiency in Upper Birch Creek Drainage.--Any
activity carried out by the Tribe in the Upper Birch Creek Drainage (as
defined in article II.50 of the Compact) using funds made available to
carry out this subtitle shall achieve an irrigation efficiency of not
less than 50 percent.
[[Page 130 STAT. 1845]]
(h) Birch Creek Agreement Approval.--The Birch Creek Agreement is
approved to the extent that the Birch Creek Agreement requires approval
under section 2116 of the Revised Statutes (25 U.S.C. 177).
(i) Limitation on Effect.--Nothing in this subtitle or the Compact--
(1) makes an allocation or apportionment of water between or
among States; or
(2) addresses or implies whether, how, or to what extent the
Tribal water rights, or any portion of the Tribal water rights,
should be accounted for as part of, or otherwise charged
against, an allocation or apportionment of water made to a State
in an interstate allocation or apportionment.
SEC. 3723. EXPIRATION ON FAILURE TO MEET ENFORCEABILITY DATE.
If the Secretary fails to publish a statement of findings under
section 3720(f) by not later than January 21, 2025, or such alternative
later date as is agreed to by the Tribe and the Secretary, after
reasonable notice to the State, as applicable--
(1) this subtitle expires effective on the later of--
(A) January 22, 2025; and
(B) the day after such alternative later date as is
agreed to by the Tribe and the Secretary;
(2) any action taken by the Secretary and any contract or
agreement entered into pursuant to this subtitle shall be void;
(3) any amounts made available under section 3718, together
with any interest on those amounts, that remain unexpended shall
immediately revert to the general fund of the Treasury, except
for any funds made available under section 3716(e)(2) if the
Montana Water Court denies the Tribe's request to reinstate the
objections in section 3720(c); and
(4) the United States shall be entitled to offset against
any claims asserted by the Tribe against the United States
relating to water rights--
(A) any funds expended or withdrawn from the amounts
made available pursuant to this subtitle; and
(B) any funds made available to carry out the
activities authorized by this subtitle from other
authorized sources, except for any funds provided under
section 3716(e)(2) if the Montana Water court denies the
Tribe's request to reinstate the objections in section
3720(c).
SEC. 3724. ANTIDEFICIENCY.
The United States shall not be liable for any failure to carry out
any obligation or activity authorized by this subtitle (including any
obligation or activity under the Compact) if--
(1) adequate appropriations are not provided expressly by
Congress to carry out the purposes of this subtitle; or
(2) there are not enough monies available to carry out the
purposes of this subtitle in the Reclamation Water Settlements
Fund established under section 10501(a) of the Omnibus Public
Land Management Act of 2009 (43 U.S.C. 407(a)).
[[Page 130 STAT. 1846]]
Subtitle H--Water Desalination
SEC. 3801. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996.
(a) Authorization of Research and Studies.--Section 3 of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(8) development of metrics to analyze the costs and
benefits of desalination relative to other sources of water
(including costs and benefits related to associated
infrastructure, energy use, environmental impacts, and
diversification of water supplies); and
``(9) development of design and siting specifications that
avoid or minimize, adverse economic and environmental
impacts.''; and
(2) by adding at the end the following:
``(e) Prioritization.--In carrying out this section, the Secretary
shall prioritize funding for research--
``(1) to reduce energy consumption and lower the cost of
desalination, including chloride control;
``(2) to reduce the environmental impacts of seawater
desalination and develop technology and strategies to minimize
those impacts;
``(3) to improve existing reverse osmosis and membrane
technology;
``(4) to carry out basic and applied research on next
generation desalination technologies, including improved energy
recovery systems and renewable energy-powered desalination
systems that could significantly reduce desalination costs;
``(5) to develop portable or modular desalination units
capable of providing temporary emergency water supplies for
domestic or military deployment purposes; and
``(6) to develop and promote innovative desalination
technologies, including chloride control, identified by the
Secretary.''.
(b) Desalination Demonstration and Development.--Section 4 of the
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-
298) is amended by adding at the end the following:
``(c) Prioritization.--In carrying out demonstration and development
activities under this section, the Secretary shall prioritize projects--
``(1) for the benefit of drought-stricken States and
communities;
``(2) for the benefit of States that have authorized funding
for research and development of desalination technologies and
projects;
``(3) that can reduce reliance on imported water supplies
that have an impact on species listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); and
[[Page 130 STAT. 1847]]
``(4) that demonstrably leverage the experience of
international partners with considerable expertise in
desalination, such as the State of Israel.
``(d) Water Production.--The Secretary shall provide, as part of the
annual budget submission to Congress, an estimate of how much water has
been produced and delivered in the past fiscal year using processes and
facilities developed or demonstrated using assistance provided under
sections 3 and 4. This submission shall include, to the extent
practicable, available information on a detailed water accounting by
process and facility and the cost per acre foot of water produced and
delivered.''.
(c) Authorization of Appropriations.--Section 8 of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended--
(1) in subsection (a), by striking ``2013'' and inserting
``2021''; and
(2) in subsection (b), by striking ``for each of fiscal
years 2012 through 2013'' and inserting ``for each of fiscal
years 2017 through 2021''.
(d) Consultation.--Section 9 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
(1) by striking the section designation and heading and all
that follows through ``In carrying out'' in the first sentence
and inserting the following:
``SEC. 9. CONSULTATION AND COORDINATION.
``(a) Consultation.--In carrying out'';
(2) in the second sentence, by striking ``The
authorization'' and inserting the following:
``(c) Other Desalination Programs.--The authorization''; and
(3) by inserting after subsection (a) (as designated by
paragraph (1)) the following:
``(b) Coordination of Federal Desalination Research and
Development.--The White House Office of Science and Technology Policy
shall develop a coordinated strategic plan that--
``(1) establishes priorities for future Federal investments
in desalination;
``(2) coordinates the activities of Federal agencies
involved in desalination, including the Bureau of Reclamation,
the Corps of Engineers, the United States Army Tank Automotive
Research, Development and Engineering Center, the National
Science Foundation, the Office of Naval Research of the
Department of Defense, the National Laboratories of the
Department of Energy, the United States Geological Survey, the
Environmental Protection Agency, and the National Oceanic and
Atmospheric Administration;
``(3) strengthens research and development cooperation with
international partners, such as the State of Israel, in the area
of desalination technology; and
``(4) promotes public-private partnerships to develop a
framework for assessing needs for, and to optimize siting and
design of, future ocean desalination projects.''.
[[Page 130 STAT. 1848]]
Subtitle I--Amendments to the Great Lakes Fish and Wildlife Restoration
Act of 1990
SEC. 3901. AMENDMENTS TO THE GREAT LAKES FISH AND WILDLIFE
RESTORATION ACT OF 1990.
(a) References.--Except as otherwise expressly provided, wherever in
this section an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered to be made
to a section or other provision of the Great Lakes Fish and Wildlife
Restoration Act of 1990 (16 U.S.C. 941 et seq.).
(b) Findings.--The Act is amended by striking section 1002 and
inserting the following:
``SEC. 1002. <<NOTE: 16 USC 941.>> FINDINGS.
``Congress finds that--
``(1) the Great Lakes have fish and wildlife communities
that are structurally and functionally changing;
``(2) successful fish and wildlife management focuses on the
lakes as ecosystems, and effective management requires the
coordination and integration of efforts of many partners;
``(3) additional actions and better coordination are needed
to protect and effectively manage the fish and wildlife
resources, and the habitats on which the resources depend, in
the Great Lakes Basin; and
``(4) this Act allows Federal agencies, States, and Indian
tribes to work in an effective partnership by providing the
funding for restoration work.''.
(c) Identification, Review, and Implementation of Proposals and
Regional Projects.--
(1) Requirements for proposals and regional projects.--
Section 1005(b)(2)(B) (16 U.S.C. 941c(b)(2)(B)) is amended--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(vii) the strategic action plan of the Great
Lakes Restoration Initiative; and
``(viii) each applicable State wildlife action
plan.''.
(2) Review of proposals.--Section 1005(c)(2)(C) (16 U.S.C.
941c(c)(2)(C)) is amended by striking ``Great Lakes Coordinator
of the''.
(3) Cost sharing.--Section 1005(e) (16 U.S.C. 941c(e)) is
amended--
(A) in paragraph (1)--
(i) by striking ``Except as provided in
paragraphs (2) and (4), not less than 25 percent
of the cost of implementing a proposal'' and
inserting the following:
``(A) Non-federal share.--Except as provided in
paragraphs (3) and (5) and subject to paragraph (2), not
less than 25 percent of the cost of implementing a
proposal or regional project''; and
(ii) by adding at the end the following:
[[Page 130 STAT. 1849]]
``(B) Time period for providing match.--The non-
Federal share of the cost of implementing a proposal or
regional project required under subparagraph (A) may be
provided at any time during the 2-year period preceding
January 1 of the year in which the Director receives the
application for the proposal or regional project.'';
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(C) by inserting before paragraph (3) (as so
redesignated) the following:
``(2) Authorized sources of non-federal share.--
``(A) In general.--The Director may determine the
non-Federal share under paragraph (1) by taking into
account--
``(i) the appraised value of land or a
conservation easement as described in subparagraph
(B); or
``(ii) as described in subparagraph (C), the
costs associated with--
``(I) securing a conservation
easement; and
``(II) restoration or enhancement of
the conservation easement.
``(B) Appraisal of conservation easement.--
``(i) In general.--The value of a conservation
easement may be used to satisfy the non-Federal
share of the cost of implementing a proposal or
regional project required under paragraph (1)(A)
if the Director determines that the conservation
easement--
``(I) meets the requirements of
subsection (b)(2);
``(II) is acquired before the end of
the grant period of the proposal or
regional project;
``(III) is held in perpetuity for
the conservation purposes of the
programs of the United States Fish and
Wildlife Service related to the Great
Lakes Basin, as described in section
1006, by an accredited land trust or
conservancy or a Federal, State, or
tribal agency;
``(IV) is connected either
physically or through a conservation
planning process to the proposal or
regional project; and
``(V) is appraised in accordance
with clause (ii).
``(ii) Appraisal.--With respect to the
appraisal of a conservation easement described in
clause (i)--
``(I) the appraisal valuation date
shall be not later than 1 year after the
price of the conservation easement was
set under a contract; and
``(II) the appraisal shall--
``(aa) conform to the
Uniform Standards of
Professional Appraisal Practice
(USPAP); and
``(bb) be completed by a
Federal- or State-certified
appraiser.
``(C) Costs of securing conservation easements.--
``(i) In general.--All costs associated with
securing a conservation easement and restoration
or enhancement of that conservation easement may
be
[[Page 130 STAT. 1850]]
used to satisfy the non-Federal share of the cost
of implementing a proposal or regional project
required under paragraph (1)(A) if the activities
and expenses associated with securing the
conservation easement and restoration or
enhancement of that conservation easement meet the
requirements of subparagraph (B)(i).
``(ii) Inclusion.--The costs referred to in
clause (i) may include cash, in-kind
contributions, and indirect costs.
``(iii) Exclusion.--The costs referred to in
clause (i) may not be costs associated with
mitigation or litigation (other than costs
associated with the Natural Resource Damage
Assessment program).''.
(d) Establishment of Offices.--Section 1007 (16 U.S.C. 941e) is
amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking ``Fishery
Resources'' and inserting ``Fish and Wildlife
Conservation''; and
(B) by striking ``Fishery Resources'' each place it
appears and inserting ``Fish and Wildlife
Conservation'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Fishery
Resources'' and inserting ``Fish and Wildlife
Conservation''; and
(B) by striking ``Fishery Resources'' each place it
appears and inserting ``Fish and Wildlife
Conservation'';
(3) by striking subsection (a); and
(4) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(e) Reports.--Section 1008 (16 U.S.C. 941f) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``2011'' and inserting ``2021'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``2007 through 2012'' and inserting ``2016
through 2020''; and
(B) in paragraph (5), by inserting ``the Great Lakes
Restoration Initiative Action Plan based on'' after ``in
support of''; and
(3) by striking subsection (c) and inserting the following:
``(c) Continued Monitoring and Assessment of Study Findings and
Recommendations.--The Director--
``(1) shall continue to monitor the status, and the
assessment, management, and restoration needs, of the fish and
wildlife resources of the Great Lakes Basin; and
``(2) may reassess and update, as necessary, the findings
and recommendations of the Report.''.
(f) Authorization of Appropriations.--Section 1009 (16 U.S.C. 941g)
is amended--
(1) in the matter preceding paragraph (1), by striking
``2007 through 2012'' and inserting ``2016 through 2021'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``$14,000,000'' and inserting ``$6,000,000'';
[[Page 130 STAT. 1851]]
(B) in subparagraph (A), by striking ``$4,600,000''
and inserting ``$2,000,000''; and
(C) in subparagraph (B), by striking ``$700,000''
and inserting ``$300,000''; and
(3) in paragraph (2), by striking ``the activities of'' and
all that follows through ``section 1007'' and inserting ``the
activities of the Upper Great Lakes Fish and Wildlife
Conservation Offices and the Lower Great Lakes Fish and Wildlife
Conservation Office under section 1007''.
(g) Prohibition on Use of Funds for Federal Acquisition of Interests
in Land.--Section 1009 (16 U.S.C. 941g) is further amended--
(1) by inserting before the sentence the following:
``(a) Authorization.--''; and
(2) by adding at the end the following:
``(b) Prohibition on Use of Funds for Federal Acquisition of
Interests in Land.--No funds appropriated or used to carry out this Act
may be used for acquisition by the Federal Government of any interest in
land.''.
(h) Conforming Amendment.--Section 8 of the Great Lakes Fish and
Wildlife Restoration Act of 2006 (16 U.S.C. 941 note; Public Law 109-
326) is repealed.
Subtitle J--California Water
SEC. 4001. OPERATIONS AND REVIEWS.
(a) Water Supplies.--The Secretary of the Interior and Secretary of
Commerce shall provide the maximum quantity of water supplies
practicable to Central Valley Project agricultural, municipal and
industrial contractors, water service or repayment contractors, water
rights settlement contractors, exchange contractors, refuge contractors,
and State Water Project contractors, by approving, in accordance with
applicable Federal and State laws (including regulations), operations or
temporary projects to provide additional water supplies as quickly as
possible, based on available information.
(b) Administration.--In carrying out subsection (a), the Secretary
of the Interior and Secretary of Commerce shall, consistent with
applicable laws (including regulations)--
(1)(A) in close coordination with the California Department
of Water Resources and the California Department of Fish and
Wildlife, implement a pilot project to test and evaluate the
ability to operate the Delta cross-channel gates daily or as
otherwise may be appropriate to keep them open to the greatest
extent practicable to protect out-migrating salmonids, manage
salinities in the interior Delta and any other water quality
issues, and maximize Central Valley Project and State Water
Project pumping, subject to the condition that the pilot project
shall be designed and implemented consistent with operational
criteria and monitoring criteria required by the California
State Water Resources Control Board; and
(B) design, implement, and evaluate such real-time
monitoring capabilities to enable effective real-time operations
of the cross channel in order efficiently to meet the objectives
described in subparagraph (A);
[[Page 130 STAT. 1852]]
(2) with respect to the operation of the Delta cross-channel
gates described in paragraph (1), collect data on the impact of
that operation on--
(A) species listed as threatened or endangered under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) water quality; and
(C) water supply benefits;
(3) collaborate with the California Department of Water
Resources to install a deflection barrier at Georgiana Slough
and the Delta Cross Channel Gate to protect migrating salmonids,
consistent with knowledge gained from activities carried out
during 2014 and 2015;
(4) upon completion of the pilot project in paragraph (1),
submit to the Senate Committees on Energy and Natural Resources
and Environment and Public Works and the House Committee on
Natural Resources a written notice and explanation on the extent
to which the gates are able to remain open and the pilot project
achieves all the goals set forth in paragraphs (1) through (3);
(5) implement turbidity control strategies that may allow
for increased water deliveries while avoiding jeopardy to adult
Delta smelt (Hypomesus transpacificus);
(6) in a timely manner, evaluate any proposal to increase
flow in the San Joaquin River through a voluntary sale,
transfer, or exchange of water from an agency with rights to
divert water from the San Joaquin River or its tributaries;
(7) adopt a 1:1 inflow to export ratio for the increment of
increased flow, as measured as a 3-day running average at
Vernalis during the period from April 1 through May 31, that
results from the voluntary sale, transfer, or exchange, unless
the Secretary of the Interior and Secretary of Commerce
determine in writing that a 1:1 inflow to export ratio for that
increment of increased flow will cause additional adverse
effects on listed salmonid species beyond the range of the
effects anticipated to occur to the listed salmonid species for
the duration of the salmonid biological opinion using the best
scientific and commercial data available; and subject to the
condition that any individual sale, transfer, or exchange using
a 1:1 inflow to export ratio adopted under the authority of this
section may only proceed if--
(A) the Secretary of the Interior determines that
the environmental effects of the proposed sale,
transfer, or exchange are consistent with effects
permitted under applicable law (including the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1381 et
seq.), and the Porter-Cologne Water Quality Control Act
(California Water Code 13000 et seq.));
(B) Delta conditions are suitable to allow movement
of the acquired, transferred, or exchanged water through
the Delta consistent with existing Central Valley
Project and State Water Project permitted water rights
and the requirements of subsection (a)(1)(H) of the
Central Valley Project Improvement Act; and
(C) such voluntary sale, transfer, or exchange of
water results in flow that is in addition to flow that
otherwise
[[Page 130 STAT. 1853]]
would occur in the absence of the voluntary sale,
transfer, or exchange;
(8)(A) issue all necessary permit decisions during emergency
consultation under the authority of the Secretary of the
Interior and Secretary of Commerce not later than 60 days after
receiving a completed application by the State to place and use
temporary barriers or operable gates in Delta channels to
improve water quantity and quality for State Water Project and
Central Valley Project south-of-Delta water contractors and
other water users, which barriers or gates shall provide
benefits for species protection and in-Delta water user water
quality, provided that they are designed so that, if
practicable, formal consultations under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) are not
necessary; and
(B) take longer to issue the permit decisions in
subparagraph (A) only if the Secretary determines in writing
that an Environmental Impact Statement is needed for the
proposal to comply with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(9) allow and facilitate, consistent with existing
priorities, water transfers through the C.W. ``Bill'' Jones
Pumping Plant or the Harvey O. Banks Pumping Plant from April 1
to November 30;
(10) require the Director of the United States Fish and
Wildlife Service and the Commissioner of Reclamation to--
(A) determine if a written transfer proposal is
complete within 30 days after the date of submission of
the proposal. If the contracting district or agency or
the Secretary determines that the proposal is
incomplete, the district or agency or the Secretary
shall state with specificity what must be added to or
revised for the proposal to be complete;
(B) complete all requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the Endangered Species Act of 1973 (16 U.S.C.
et seq.) necessary to make final permit decisions on
water transfer requests in the State, not later than 45
days after receiving a completed request;
(C) take longer to issue the permit decisions in
subparagraph (B) only if the Secretary determines in
writing that an Environmental Impact Statement is needed
for the proposal to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. et seq.), or
that the application is incomplete pursuant to
subparagraph (A); and
(D) approve any water transfer request described in
subparagraph (A) to maximize the quantity of water
supplies on the condition that actions associated with
the water transfer are consistent with--
(i) existing Central Valley Project and State
Water Project permitted water rights and the
requirements of section 3405(a)(1)(H) of the
Central Valley Project Improvement Act; and
(ii) all other applicable laws and
regulations;
(11) in coordination with the Secretary of Agriculture,
enter into an agreement with the National Academy of Sciences to
conduct a comprehensive study, to be completed not later than 1
year after the date of enactment of this subtitle, on the
effectiveness and environmental impacts of salt cedar biological
[[Page 130 STAT. 1854]]
control efforts on increasing water supplies and improving
riparian habitats of the Colorado River and its principal
tributaries, in the State of California and elsewhere;
(12) pursuant to the research and adaptive management
procedures of the smelt biological opinion and the salmonid
biological opinion use all available scientific tools to
identify any changes to the real-time operations of Bureau of
Reclamation, State, and local water projects that could result
in the availability of additional water supplies; and
(13) determine whether alternative operational or other
management measures would meet applicable regulatory
requirements for listed species while maximizing water supplies
and water supply reliability; and
(14) continue to vary the averaging period of the Delta
Export/Inflow ratio, to the extent consistent with any
applicable State Water Resources Control Board orders under
decision D-1641, to operate to a
(A) ratio using a 3-day averaging period on the
rising limb of a Delta inflow hydrograph; and
(B) 14-day averaging period on the falling limb of
the Delta inflow hydrograph.
(c) Other Agencies.--To the extent that a Federal agency other than
the Department of the Interior and the Department of Commerce has a role
in approving projects described in subsections (a) and (b), this section
shall apply to the Federal agency.
(d) Accelerated Project Decision and Elevation.--
(1) In general.--On request of the Governor of California,
the Secretary of the Interior and Secretary of Commerce shall
use the expedited procedures under this subsection to make final
decisions relating to Federal or federally approved projects or
operational changes proposed pursuant to subsections (a) and (b)
to provide additional water supplies or otherwise address
emergency drought conditions.
(2) Request for resolution.--Not later than 7 days after
receiving a request of the Governor of California, the
Secretaries referred to in paragraph (1), or the head of another
Federal agency responsible for carrying out a review of a
project, as applicable, the Secretary of the Interior shall
convene a final project decision meeting with the heads of all
relevant Federal agencies to decide whether to approve a project
to provide emergency water supplies or otherwise address
emergency drought condition.
(3) Notification.--Upon receipt of a request for a meeting
under this subsection, the Secretary of the Interior shall
notify the heads of all relevant Federal agencies of the
request, including a description of the project to be reviewed
and the date for the meeting.
(4) Decision.--Not later than 10 days after the date on
which a meeting is requested under paragraph (2), the head of
the relevant Federal agency shall issue a final decision on the
project.
(2) Meeting convened by secretary.--The Secretary of the
Interior may convene a final project decision meeting under this
subsection at any time, at the discretion of the Secretary,
regardless of whether a meeting is requested under paragraph
(2).
[[Page 130 STAT. 1855]]
(3) Limitation.--The expedited procedures under this
subsection apply only to--
(A) proposed new Federal projects or operational
changes pursuant to subsection (a) or (b); and
(B) the extent they are consistent with applicable
laws (including regulations).
(e) Operations Plan.--The Secretaries of Commerce and the Interior,
in consultation with appropriate State officials, shall develop an
operations plan that is consistent with the provisions of this subtitle
and other applicable Federal and State laws, including provisions that
are intended to provide additional water supplies that could be of
assistance during the current drought.
SEC. 4002. SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF OMR FLOW
REQUIREMENTS.
(a) In General.--In implementing the provisions of the smelt
biological opinion and the salmonid biological opinion, the Secretary of
the Interior and the Secretary of Commerce shall manage reverse flow in
Old and Middle Rivers at the most negative reverse flow rate allowed
under the applicable biological opinion to maximize water supplies for
the Central Valley Project and the State Water Project, unless that
management of reverse flow in Old and Middle Rivers to maximize water
supplies would cause additional adverse effects on the listed fish
species beyond the range of effects anticipated to occur to the listed
fish species for the duration of the applicable biological opinion, or
would be inconsistent with applicable State law requirements, including
water quality, salinity control, and compliance with State Water
Resources Control Board Order D-1641 or a successor order.
(b) Requirements.--If the Secretary of the Interior or Secretary of
Commerce determines to manage rates of pumping at the C.W. ``Bill''
Jones and the Harvey O. Banks pumping plants in the southern Delta to
achieve a reverse OMR flow rate less negative than the most negative
reverse flow rate prescribed by the applicable biological opinion, the
Secretary shall--
(1) document in writing any significant facts regarding
real-time conditions relevant to the determinations of OMR
reverse flow rates, including--
(A) targeted real-time fish monitoring in the Old
River pursuant to this section, including as it pertains
to the smelt biological opinion monitoring of Delta
smelt in the vicinity of Station 902;
(B) near-term forecasts with available salvage
models under prevailing conditions of the effects on the
listed species of OMR flow at the most negative reverse
flow rate prescribed by the biological opinion; and
(C) any requirements under applicable State law; and
(2) explain in writing why any decision to manage OMR
reverse flow at rates less negative than the most negative
reverse flow rate prescribed by the biological opinion is
necessary to avoid additional adverse effects on the listed fish
species beyond the range of effects anticipated to occur to the
listed fish species for the duration of the applicable
biological opinion, after considering relevant factors such as--
(A) the distribution of the listed species
throughout the Delta;
[[Page 130 STAT. 1856]]
(B) the potential effects of high entrainment risk
on subsequent species abundance;
(C) the water temperature;
(D) other significant factors relevant to the
determination, as required by applicable Federal or
State laws;
(E) turbidity; and
(F) whether any alternative measures could have a
substantially lesser water supply impact.
(c) Level of Detail Required.--The analyses and documentation
required by this section shall be comparable to the depth and complexity
as is appropriate for real time decision-making. This section shall not
be interpreted to require a level of administrative findings and
documentation that could impede the execution of effective real time
adaptive management.
(d) First Sediment Flush.--During the first flush of sediment out of
the Delta in each water year, and provided that such determination is
based upon objective evidence, notwithstanding subsection (a), the
Secretary of the Interior shall manage OMR flow pursuant to the
provisions of the smelt biological opinion that protects adult Delta
smelt from the first flush if required to do so by the smelt biological
opinion.
(e) Construction.--The Secretary of the Interior and the Secretary
of Commerce are authorized to implement subsection (a) consistent with
the results of monitoring through Early Warning Surveys to make real
time operational decisions consistent with the current applicable
biological opinion.
(f) Calculation of Reverse Flow in OMR.--Within 180 days of the
enactment of this subtitle, the Secretary of the Interior is directed,
in consultation with the California Department of Water Resources, and
consistent with the smelt biological opinion and the salmonid biological
opinion, to review, modify, and implement, if appropriate, the method
used to calculate reverse flow in Old and Middle Rivers, for
implementation of the reasonable and prudent alternatives in the smelt
biological opinion and the salmonid biological opinion, and any
succeeding biological opinions.
SEC. 4003. TEMPORARY OPERATIONAL FLEXIBILITY FOR STORM EVENTS.
(a) In General.--
(1) Nothing in this subtitle authorizes additional adverse
effects on listed species beyond the range of the effects
anticipated to occur to the listed species for the duration of
the smelt biological opinion or salmonid biological opinion,
using the best scientific and commercial data available.
(2) When consistent with the environmental protection
mandate in paragraph (1) while maximizing water supplies for
Central Valley Project and State Water Project contractors, the
Secretary of the Interior and the Secretary of Commerce, through
an operations plan, shall evaluate and may authorize the Central
Valley Project and the State Water Project, combined, to operate
at levels that result in OMR flows more negative than the most
negative reverse flow rate prescribed by the applicable
biological opinion (based on United States Geological Survey
gauges on Old and Middle Rivers) daily average as described in
subsections (b) and (c) to capture peak flows during storm-
related events.
[[Page 130 STAT. 1857]]
(b) Factors to Be Considered.--In determining additional adverse
effects on any listed fish species beyond the range of effects
anticipated to occur to the listed fish species for the duration of the
smelt biological opinion or salmonid biological opinion, using the best
scientific and commercial data available, the Secretaries of the
Interior and Commerce may consider factors including:
(1) The degree to which the Delta outflow index indicates a
higher level of flow available for diversion.
(2) Relevant physical parameters including projected
inflows, turbidity, salinities, and tidal cycles.
(3) The real-time distribution of listed species.
(c) Other Environmental Protections.--
(1) State law.--The actions of the Secretary of the Interior
and the Secretary of Commerce under this section shall be
consistent with applicable regulatory requirements under State
law.
(2) First sediment flush.--During the first flush of
sediment out of the Delta in each water year, and provided that
such determination is based upon objective evidence, the
Secretary of the Interior shall manage OMR flow pursuant to the
portion of the smelt biological opinion that protects adult
Delta smelt from the first flush if required to do so by the
smelt biological opinion.
(3) Applicability of opinion.--This section shall not affect
the application of the salmonid biological opinion from April 1
to May 31, unless the Secretary of Commerce finds that some or
all of such applicable requirements may be adjusted during this
time period to provide emergency water supply relief without
resulting in additional adverse effects on listed salmonid
species beyond the range of the effects anticipated to occur to
the listed salmonid species for the duration of the salmonid
biological opinion using the best scientific and commercial data
available. In addition to any other actions to benefit water
supply, the Secretary of the Interior and the Secretary of
Commerce shall consider allowing through-Delta water transfers
to occur during this period if they can be accomplished
consistent with section 3405(a)(1)(H) of the Central Valley
Project Improvement Act and other applicable law. Water
transfers solely or exclusively through the State Water Project
are not required to be consistent with subsection (a)(1)(H) of
the Central Valley Project Improvement Act.
(4) Monitoring.--During operations under this section, the
Commissioner of Reclamation, in coordination with the Fish and
Wildlife Service, National Marine Fisheries Service, and
California Department of Fish and Wildlife, shall undertake
expanded monitoring programs and other data gathering to improve
the efficiency of operations for listed species protections and
Central Valley Project and State Water Project water supply to
ensure incidental take levels are not exceeded, and to identify
potential negative impacts, if any.
(d) Effect of High Outflows.--When exercising their authorities to
capture peak flows pursuant to subsection (c), the Secretary of the
Interior and the Secretary of Commerce shall not count such days toward
the 5-day and 14-day running averages of tidally filtered daily Old and
Middle River flow requirements under the smelt biological opinion and
salmonid biological opinion, unless doing so is required to avoid
additional adverse effects on
[[Page 130 STAT. 1858]]
listed fish species beyond those anticipated to occur through
implementation of the smelt biological opinion and salmonid biological
opinion using the best scientific and commercial data available.
(e) Level of Detail Required for Analysis.--In articulating the
determinations required under this section, the Secretary of the
Interior and the Secretary of Commerce shall fully satisfy the
requirements herein but shall not be expected to provide a greater level
of supporting detail for the analysis than feasible to provide within
the short timeframe permitted for timely real-time decisionmaking in
response to changing conditions in the Delta.
SEC. 4004. CONSULTATION ON COORDINATED OPERATIONS.
(a) Resolution of Water Resource Issues.--In furtherance of the
policy established by section 2(c)(2) of the Endangered Species Act of
1973, that Federal agencies shall cooperate with State and local
agencies to resolve water resource issues in concert with conservation
of endangered species, in any consultation or reconsultation on the
coordinated operations of the Central Valley Project and the State Water
Project, the Secretaries of the Interior and Commerce shall ensure that
any public water agency that contracts for the delivery of water from
the Central Valley Project or the State Water Project that so requests
shall--
(1) have routine and continuing opportunities to discuss and
submit information to the action agency for consideration during
the development of any biological assessment;
(2) be informed by the action agency of the schedule for
preparation of a biological assessment;
(3) be informed by the consulting agency, the U.S. Fish and
Wildlife Service or the National Marine Fisheries Service, of
the schedule for preparation of the biological opinion at such
time as the biological assessment is submitted to the consulting
agency by the action agency;
(4) receive a copy of any draft biological opinion and have
the opportunity to review that document and provide comment to
the consulting agency through the action agency, which comments
will be afforded due consideration during the consultation;
(5) have the opportunity to confer with the action agency
and applicant, if any, about reasonable and prudent alternatives
prior to the action agency or applicant identifying one or more
reasonable and prudent alternatives for consideration by the
consulting agency; and
(6) where the consulting agency suggests a reasonable and
prudent alternative be informed--
(A) how each component of the alternative will
contribute to avoiding jeopardy or adverse modification
of critical habitat and the scientific data or
information that supports each component of the
alternative; and
(B) why other proposed alternative actions that
would have fewer adverse water supply and economic
impacts are inadequate to avoid jeopardy or adverse
modification of critical habitat.
(b) Input.--When consultation is ongoing, the Secretaries of the
Interior and Commerce shall regularly solicit input from and report
their progress to the Collaborative Adaptive Management
[[Page 130 STAT. 1859]]
Team and the Collaborative Science and Adaptive Management Program
policy group. The Collaborative Adaptive Management Team and the
Collaborative Science and Adaptive Management Program policy group may
provide the Secretaries with recommendations to improve the effects
analysis and Federal agency determinations. The Secretaries shall give
due consideration to the recommendations when developing the Biological
Assessment and Biological Opinion.
(c) Meetings.--The Secretaries shall establish a quarterly
stakeholder meeting during any consultation or reconsultation for the
purpose of providing updates on the development of the Biological
Assessment and Biological Opinion. The quarterly stakeholder meeting
shall be open to stakeholders identified by the Secretaries representing
a broad range of interests including environmental, recreational and
commercial fishing, agricultural, municipal, Delta, and other regional
interests, and including stakeholders that are not state or local
agencies.
(d) Clarification.--Neither subsection (b) or (c) of this section
may be used to meet the requirements of subsection (a).
(e) Non-applicability of FACA.--For the purposes of subsection (b),
the Collaborative Adaptive Management Team, the Collaborative Science
and Adaptive Management Program policy group, and any recommendations
made to the Secretaries, are exempt from the Federal Advisory Committee
Act.
SEC. 4005. PROTECTIONS.
(a) Applicability.--This section shall apply only to sections 4001
through 4006.
(b) Offset for State Water Project.--
(1) Implementation impacts.--The Secretary of the Interior
shall confer with the California Department of Fish and Wildlife
in connection with the implementation of the applicable
provisions of this subtitle on potential impacts to any
consistency determination for operations of the State Water
Project issued pursuant to California Fish and Game Code section
2080.1.
(2) Additional yield.--If, as a result of the application of
the applicable provisions of this subtitle, the California
Department of Fish and Wildlife--
(A) determines that operations of the State Water
Project are inconsistent with the consistency
determinations issued pursuant to California Fish and
Game Code section 2080.1 for operations of the State
Water Project; or
(B) requires take authorization under California
Fish and Game Code section 2081 for operation of the
State Water Project;
in a manner that directly or indirectly results in reduced water
supply to the State Water Project as compared with the water
supply available under the smelt biological opinion and the
salmonid biological opinion; and as a result, Central Valley
Project yield is greater than it otherwise would have been, then
that additional yield shall be made available to the State Water
Project for delivery to State Water Project contractors to
offset that reduced water supply, provided that if it is
necessary to reduce water supplies for any Central Valley
Project authorized uses or contractors to make available to the
State
[[Page 130 STAT. 1860]]
Water Project that additional yield, such reductions shall be
applied proportionately to those uses or contractors that
benefit from that increased yield.
(3) Notification related to environmental protections.--The
Secretary of the Interior and Secretary of Commerce shall--
(A) notify the Director of the California Department
of Fish and Wildlife regarding any changes in the manner
in which the smelt biological opinion or the salmonid
biological opinion is implemented; and
(B) confirm that those changes are consistent with
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(4) Savings.--Nothing in the applicable provisions of this
subtitle shall have any effect on the application of the
California Endangered Species Act (California Fish and Game Code
sections 2050 through 2116).
(c) Area of Origin and Water Rights Protections.--
(1) In general.--The Secretary of the Interior and the
Secretary of Commerce, in carrying out the mandates of the
applicable provisions of this subtitle, shall take no action
that--
(A) diminishes, impairs, or otherwise affects in any
manner any area of origin, watershed of origin, county
of origin, or any other water rights protection,
including rights to water appropriated before December
19, 1914, provided under State law;
(B) limits, expands or otherwise affects the
application of section 10505, 10505.5, 11128, 11460,
11461, 11462, 11463 or 12200 through 12220 of the
California Water Code or any other provision of State
water rights law, without respect to whether such a
provision is specifically referred to in this section;
or
(C) diminishes, impairs, or otherwise affects in any
manner any water rights or water rights priorities under
applicable law.
(2) Effect of act.--
(A) Nothing in the applicable provisions of this
subtitle affects or modifies any obligation of the
Secretary of the Interior under section 8 of the Act of
June 17, 1902 (32 Stat. 390, chapter 1093).
(B) Nothing in the applicable provisions of this
subtitle diminishes, impairs, or otherwise affects in
any manner any Project purposes or priorities for the
allocation, delivery or use of water under applicable
law, including the Project purposes and priorities
established under section 3402 and section 3406 of the
Central Valley Project Improvement Act (Public Law 102-
575; 106 Stat. 4706).
(d) No Redirected Adverse Impacts.--
(1) In general.--The Secretary of the Interior and Secretary
of Commerce shall not carry out any specific action authorized
under the applicable provisions of this subtitle that would
directly or through State agency action indirectly result in the
involuntary reduction of water supply to an individual,
district, or agency that has in effect a contract for water with
the State Water Project or the Central Valley Project, including
Settlement and Exchange contracts, refuge contracts, and Friant
Division contracts, as compared to the water supply
[[Page 130 STAT. 1861]]
that would be provided in the absence of action under this
subtitle, and nothing in this section is intended to modify,
amend or affect any of the rights and obligations of the parties
to such contracts.
(2) Action on determination.--If, after exploring all
options, the Secretary of the Interior or the Secretary of
Commerce makes a final determination that a proposed action
under the applicable provisions of this subtitle cannot be
carried out in accordance with paragraph (1), that Secretary--
(A) shall document that determination in writing for
that action, including a statement of the facts relied
on, and an explanation of the basis, for the decision;
and
(B) is subject to applicable law, including the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(e) Allocations for Sacramento Valley Water Service Contractors.--
(1) Definitions.--In this subsection:
(A) Existing central valley project agricultural
water service contractor within the sacramento river
watershed.--The term ``existing Central Valley Project
agricultural water service contractor within the
Sacramento River Watershed'' means any water service
contractor within the Shasta, Trinity, or Sacramento
River division of the Central Valley Project that has in
effect a water service contract on the date of enactment
of this subtitle that provides water for irrigation.
(B) Year terms.--The terms ``Above Normal'', ``Below
Normal'', ``Dry'', and ``Wet'', with respect to a year,
have the meanings given those terms in the Sacramento
Valley Water Year Type (40-30-30) Index.
(2) Allocations of water.--
(A) Allocations.--Subject to paragraph (3), the
Secretary of the Interior shall make every reasonable
effort in the operation of the Central Valley Project to
allocate water provided for irrigation purposes to each
existing Central Valley Project agricultural water
service contractor within the Sacramento River Watershed
in accordance with the following:
(i) Not less than 100 percent of the contract
quantity of the existing Central Valley Project
agricultural water service contractor within the
Sacramento River Watershed in a ``Wet'' year.
(ii) Not less than 100 percent of the contract
quantity of the existing Central Valley Project
agricultural water service Contractor within the
Sacramento River Watershed in an ``Above Normal''
year.
(iii) Not less than 100 percent of the
contract quantity of the existing Central Valley
Project agricultural water service contractor
within the Sacramento River Watershed in a ``Below
Normal'' year that is preceded by an ``Above
Normal'' or ``Wet'' year.
(iv) Not less than 50 percent of the contract
quantity of the existing Central Valley Project
agricultural water service contractor within the
Sacramento River Watershed in a ``Dry'' year that
is preceded by a ``Below Normal'', ``Above
Normal'', or ``Wet'' year.
[[Page 130 STAT. 1862]]
(v) In any other year not identified in any of
clauses (i) through (iv), not less than twice the
allocation percentage to south-of-Delta Central
Valley Project agricultural water service
contractors, up to 100 percent.
(B) Effect of clause.--In the event of anomalous
circumstances, nothing in clause (A)(v) precludes an
allocation to an existing Central Valley Project
agricultural water service contractor within the
Sacramento River Watershed that is greater than twice
the allocation percentage to a south-of-Delta Central
Valley Project agricultural water service contractor.
(3) Protection of environment, municipal and industrial
supplies, and other contractors.--
(A) Environment.--Nothing in paragraph (2) shall
adversely affect any protections for the environment,
including--
(i) the obligation of the Secretary of the
Interior to make water available to managed
wetlands pursuant to section 3406(d) of the
Central Valley Project Improvement Act (Public Law
102-575; 106 Stat. 4722); or
(ii) any obligation--
(I) of the Secretary of the Interior
and the Secretary of Commerce under the
smelt biological opinion, the salmonid
biological opinion, or any other
applicable biological opinion; including
the Shasta Dam cold water pool
requirements as set forth in the
salmonid biological opinion or any other
applicable State or Federal law
(including regulations); or
(II) under the Endangered Species
Act of 1973 (16 U.S.C. et seq.), the
Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4706), or
any other applicable State or Federal
law (including regulations).
(B) Municipal and industrial supplies.--Nothing in
paragraph (2) shall--
(i) modify any provision of a water service
contract that addresses municipal or industrial
water shortage policies of the Secretary of the
Interior and the Secretary of Commerce;
(ii) affect or limit the authority of the
Secretary of the Interior and the Secretary of
Commerce to adopt or modify municipal and
industrial water shortage policies;
(iii) affect or limit the authority of the
Secretary of the Interior and the Secretary of
Commerce to implement a municipal or industrial
water shortage policy;
(iv) constrain, govern, or affect, directly or
indirectly, the operations of the American River
division of the Central Valley Project or any
deliveries from that division or a unit or
facility of that division; or
(v) affects any allocation to a Central Valley
Project municipal or industrial water service
contractor by increasing or decreasing allocations
to the contractor,
[[Page 130 STAT. 1863]]
as compared to the allocation the contractor would
have received absent paragraph (2).
(C) Other contractors.--Nothing in paragraph (2)
shall--
(i) affect the priority of any individual or
entity with a Sacramento River settlement contract
over water service or repayment contractors;
(ii) affect the obligation of the United
States to make a substitute supply of water
available to the San Joaquin River exchange
contractors;
(iii) affect the allocation of water to Friant
division contractors of the Central Valley
Project;
(iv) result in the involuntary reduction in
contract water allocations to individuals or
entities with contracts to receive water from the
Friant division;
(v) result in the involuntary reduction in
water allocations to refuge contractors; or
(vi) authorize any actions inconsistent with
State water rights law.
SEC. 4006. NEW MELONES RESERVOIR.
The Commissioner is directed to work with local water and irrigation
districts in the Stanislaus River Basin to ascertain the water storage
made available by the Draft Plan of Operations in New Melones Reservoir
(DRPO) for water conservation programs, conjunctive use projects, water
transfers, rescheduled project water and other projects to maximize
water storage and ensure the beneficial use of the water resources in
the Stanislaus River Basin. All such programs and projects shall be
implemented according to all applicable laws and regulations. The source
of water for any such storage program at New Melones Reservoir shall be
made available under a valid water right, consistent with the State
water transfer guidelines and any other applicable State water law. The
Commissioner shall inform the Congress within 18 months setting forth
the amount of storage made available by the DRPO that has been put to
use under this program, including proposals received by the Commissioner
from interested parties for the purpose of this section.
SEC. 4007. <<NOTE: 43 USC 390b note.>> STORAGE.
(a) Definitions.--In this subtitle:
(1) Federally owned storage project.--The term ``federally
owned storage project'' means any project involving a surface
water storage facility in a Reclamation State--
(A) to which the United States holds title; and
(B) that was authorized to be constructed, operated,
and maintained pursuant to the reclamation laws.
(2) State-led storage project.--The term ``State-led storage
project'' means any project in a Reclamation State that--
(A) involves a groundwater or surface water storage
facility constructed, operated, and maintained by any
State, department of a State, subdivision of a State, or
public agency organized pursuant to State law; and
(B) provides a benefit in meeting any obligation
under Federal law (including regulations).
(b) Federally Owned Storage Projects.--
(1) Agreements.--On the request of any State, any
department, agency, or subdivision of a State, or any public
agency
[[Page 130 STAT. 1864]]
organized pursuant to State law, the Secretary of the Interior
may negotiate and enter into an agreement on behalf of the
United States for the design, study, and construction or
expansion of any federally owned storage project in accordance
with this section.
(2) Federal cost share.--Subject to the requirements of this
subsection, the Secretary of the Interior may participate in a
federally owned storage project in an amount equal to not more
than 50 percent of the total cost of the federally owned storage
project.
(3) Commencement.--The construction of a federally owned
storage project that is the subject of an agreement under this
subsection shall not commence until the Secretary of the
Interior--
(A) determines that the proposed federally owned
storage project is feasible in accordance with the
reclamation laws;
(B) secures an agreement providing upfront funding
as is necessary to pay the non-Federal share of the
capital costs; and
(C) determines that, in return for the Federal cost-
share investment in the federally owned storage project,
at least a proportionate share of the project benefits
are Federal benefits, including water supplies dedicated
to specific purposes such as environmental enhancement
and wildlife refuges.
(4) Environmental laws.--In participating in a federally
owned storage project under this subsection, the Secretary of
the Interior shall comply with all applicable environmental
laws, including the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(c) State-Led Storage Projects.--
(1) In general.--Subject to the requirements of this
subsection, the Secretary of the Interior may participate in a
State-led storage project in an amount equal to not more than 25
percent of the total cost of the State-led storage project.
(2) Request by governor.--Participation by the Secretary of
the Interior in a State-led storage project under this
subsection shall not occur unless--
(A) the participation has been requested by the
Governor of the State in which the State-led storage
project is located;
(B) the State or local sponsor determines, and the
Secretary of the Interior concurs, that--
(i) the State-led storage project is
technically and financially feasible and provides
a Federal benefit in accordance with the
reclamation laws;
(ii) sufficient non-Federal funding is
available to complete the State-led storage
project; and
(iii) the State-led storage project sponsors
are financially solvent;
(C) the Secretary of the Interior determines that,
in return for the Federal cost-share investment in the
State-led storage project, at least a proportional share
of the project benefits are the Federal benefits,
including water supplies dedicated to specific purposes
such as environmental enhancement and wildlife refuges;
and
[[Page 130 STAT. 1865]]
(D) the Secretary of the Interior submits to
Congress a written notification of these determinations
within 30 days of making such determinations.
(3) Environmental laws.--When participating in a State-led
storage project under this subsection, the Secretary shall
comply with all applicable environmental laws, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(4) Information.--When participating in a State-led storage
project under this subsection, the Secretary of the Interior--
(A) may rely on reports prepared by the sponsor of
the State-led storage project, including feasibility (or
equivalent) studies, environmental analyses, and other
pertinent reports and analyses; but
(B) shall retain responsibility for making the
independent determinations described in paragraph (2).
(d) Authority To Provide Assistance.--The Secretary of the Interior
may provide financial assistance under this subtitle to carry out
projects within any Reclamation State.
(e) Rights To Use Capacity.--Subject to compliance with State water
rights laws, the right to use the capacity of a federally owned storage
project or State-led storage project for which the Secretary of the
Interior has entered into an agreement under this subsection shall be
allocated in such manner as may be mutually agreed to by the Secretary
of the Interior and each other party to the agreement.
(f) Compliance With California Water Bond.--
(1) In general.--The provision of Federal funding for
construction of a State-led storage project in the State of
California shall be subject to the condition that the California
Water Commission shall determine that the State-led storage
project is consistent with the California Water Quality, Supply,
and Infrastructure Improvement Act, approved by California
voters on November 4, 2014.
(2) Applicability.--This subsection expires on the date on
which State bond funds available under the Act referred to in
paragraph (1) are expended.
(g) Partnership and Agreements.--The Secretary of the Interior,
acting through the Commissioner, may partner or enter into an agreement
regarding the water storage projects identified in section 103(d)(1) of
the Water Supply, Reliability, and Environmental Improvement Act (Public
Law 108-361; 118 Stat. 1688) with local joint powers authorities formed
pursuant to State law by irrigation districts and other local water
districts and local governments within the applicable hydrologic region,
to advance those projects.
(h) Authorization of Appropriations.--
(1) $335,000,000 of funding in section 4011(e) is authorized
to remain available until expended.
(2) Projects can only receive funding if enacted
appropriations legislation designates funding to them by name,
after the Secretary recommends specific projects for funding
pursuant to this section and transmits such recommendations to
the appropriate committees of Congress.
(i) Sunset.--This section shall apply only to federally owned
storage projects and State-led storage projects that the Secretary of
the Interior determines to be feasible before January 1, 2021.
[[Page 130 STAT. 1866]]
(j) Consistency With State Law.--Nothing in this section preempts or
modifies any obligation of the United States to act in conformance with
applicable State law.
(k) Calfed Authorization.--Title I of Public Law 108-361 (the Calfed
Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 2860; 128 Stat.
164; 128 Stat. 2312) (as amended by section 207 of Public Law 114-113)
is amended by striking ``2017'' each place it appears and inserting
``2019''.
SEC. 4008. LOSSES CAUSED BY THE CONSTRUCTION AND OPERATION OF
STORAGE PROJECTS.
(a) Marinas, Recreational Facilities, Other Businesses.--If in
constructing any new or modified water storage project included in
section 103(d)(1)(A) of Public Law 108-361 (118 Stat. 1684), the Bureau
of Reclamation destroys or otherwise adversely affects any existing
marina, recreational facility, or other water-dependent business when
constructing or operating a new or modified water storage project, the
Secretaries of the Interior and Agriculture, acting through the Bureau
and the Forest Service shall--
(1) provide compensation otherwise required by law; and
(2) provide the owner of the affected marina, recreational
facility, or other water-dependent business under mutually
agreeable terms and conditions with the right of first refusal
to construct and operate a replacement marina, recreational
facility, or other water-dependent business, as the case may be,
on United States land associated with the new or modified water
storage project.
(b) Hydroelectric Projects.--If in constructing any new or modified
water storage project included in section 103(d)(1)(A) of Public Law
108-361 (118 Stat. 1684), the Bureau of Reclamation reduces or
eliminates the capacity or generation of any existing non-Federal
hydroelectric project by inundation or otherwise, the Secretary of the
Interior shall, subject to the requirements and limitations of this
section--
(1) provide compensation otherwise required by law;
(2) provide the owner of the affected hydroelectric project
under mutually agreeable terms and conditions with a right of
first refusal to construct, operate, and maintain replacement
hydroelectric generating facilities at such new or modified
water storage project on Federal land associated with the new or
modified water storage project or on private land owned by the
affected hydroelectric project owner;
(3) provide compensation for the construction of any water
conveyance facilities as are necessary to convey water to any
new powerhouse constructed by such owner in association with
such new hydroelectric generating facilities;
(4) provide for paragraphs (1), (2), and (3) at a cost not
to exceed the estimated value of the actual impacts to any
existing non-Federal hydroelectric project, including impacts to
its capacity and energy value, and as estimated for the
associated feasibility study, including additional planning,
environmental, design, construction, and operations and
maintenance costs for existing and replacement facilities; and
(5) ensure that action taken under paragraphs (1), (2), (3),
and (4) shall not directly or indirectly increase the costs to
recipients of power marketed by the Western Area Power
Administration, nor decrease the value of such power.
[[Page 130 STAT. 1867]]
(c) Existing Licensee.--The owner of any project affected under
subsection (b)(2) shall be deemed the existing licensee, in accordance
with section 15(a) of the Act of June 10, 1920 (16 U.S.C. 808(a)), for
any replacement project to be constructed within the proximate
geographic area of the affected project.
(d) Cost Allocation.--
(1) Compensation.--Any compensation under this section shall
be a project cost allocated solely to the direct beneficiaries
of the new or modified water project constructed under this
section.
(2) Replacement costs.--The costs of the replacement
project, and any compensation, shall be--
(A) treated as a stand-alone project and shall not
be financially integrated in any other project; and
(B) allocated in accordance with mutually agreeable
terms between the Secretary and project beneficiaries.
(e) Applicability.--This section shall only apply to federally owned
water storage projects whether authorized under section 4007 or some
other authority.
(f) Limitation.--Nothing in this section affects the ability of
landowners or Indian tribes to seek compensation or any other remedy
otherwise provided by law.
(g) Savings Clause.--No action taken under this section shall
directly or indirectly increase the costs to recipients of power
marketed by the Western Area Power Administration, nor decrease the
value of such power.
SEC. 4009. OTHER WATER SUPPLY PROJECTS.
(a) Water Desalination Act Amendments.--Section 4 of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(1) Projects.--
``(A) In general.--Subject to the requirements of
this subsection, the Secretary of the Interior may
participate in an eligible desalination project in an
amount equal to not more than 25 percent of the total
cost of the eligible desalination project.
``(B) Eligible desalination project.--The term
`eligible desalination project' means any project in a
Reclamation State, that--
``(i) involves an ocean or brackish water
desalination facility either constructed, operated
and maintained; or sponsored by any State,
department of a State, subdivision of a State or
public agency organized pursuant to a State law;
and
``(ii) provides a Federal benefit in
accordance with the reclamation laws (including
regulations).
``(C) State role.--Participation by the Secretary of
the Interior in an eligible desalination project under
this subsection shall not occur unless--
[[Page 130 STAT. 1868]]
``(i) the project is included in a state-
approved plan or federal participation has been
requested by the Governor of the State in which
the eligible desalination project is located; and
``(ii) the State or local sponsor determines,
and the Secretary of the Interior concurs, that--
``(I) the eligible desalination
project is technically and financially
feasible and provides a Federal benefit
in accordance with the reclamation laws;
``(II) sufficient non-Federal
funding is available to complete the
eligible desalination project; and
``(III) the eligible desalination
project sponsors are financially
solvent; and
``(iii) the Secretary of the Interior submits
to Congress a written notification of these
determinations within 30 days of making such
determinations.
``(D) Environmental laws.--When participating in an
eligible desalination project under this subsection, the
Secretary shall comply with all applicable environmental
laws, including the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(E) Information.--When participating in an
eligible desalination project under this subsection, the
Secretary of the Interior--
``(i) may rely on reports prepared by the
sponsor of the eligible desalination project,
including feasibility (or equivalent) studies,
environmental analyses, and other pertinent
reports and analyses; but
``(ii) shall retain responsibility for making
the independent determinations described in
subparagraph (C).
``(F) Authorization of appropriations.--
``(i) $30,000,000 of funding is authorized to
remain available until expended; and
``(ii) Projects can only receive funding if
enacted appropriations legislation designates
funding to them by name, after the Secretary
recommends specific projects for funding pursuant
to this subsection and transmits such
recommendations to the appropriate committees of
Congress.''.
(c) Authorization of New Water Recycling and Reuse Projects.--
Section 1602 of the Reclamation Wastewater and Groundwater Study and
Facilities Act (title XVI of Public Law 102-575; 43 U.S.C. 390h et.
seq.) is amended by adding at the end the following new subsections:
``(e) Authorization of New Water Recycling and Reuse Projects.--
``(1) Submission to the secretary.--
``(A) In general.--Non-Federal interests may submit
proposals for projects eligible to be authorized
pursuant to this section in the form of completed
feasibility studies to the Secretary.
``(B) Eligible projects.--A project shall be
considered eligible for consideration under this section
if the project reclaims and reuses--
``(i) municipal, industrial, domestic, or
agricultural wastewater; or
[[Page 130 STAT. 1869]]
``(ii) impaired ground or surface waters.
``(C) Guidelines.--Within 60 days of the enactment
of this Act the Secretary shall issue guidelines for
feasibility studies for water recycling and reuse
projects to provide sufficient information for the
formulation of the studies.
``(2) Review by the secretary.--The Secretary shall review
each feasibility study received under paragraph (1)(A) for the
purpose of--
``(A) determining whether the study, and the process
under which the study was developed, each comply with
Federal laws and regulations applicable to feasibility
studies of water recycling and reuse projects; and
``(B) the project is technically and financially
feasible and provides a Federal benefit in accordance
with the reclamation laws.
``(3) Submission to congress.--Not later than 180 days after
the date of receipt of a feasibility study received under
paragraph (1)(A), the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a report that
describes--
``(A) the results of the Secretary's review of the
study under paragraph (2), including a determination of
whether the project is feasible;
``(B) any recommendations the Secretary may have
concerning the plan or design of the project; and
``(C) any conditions the Secretary may require for
construction of the project.
``(4) Eligibility for funding.--The non-Federal project
sponsor of any project determined by the Secretary to be
feasible under paragraph (3)(A) shall be eligible to apply to
the Secretary for funding for the Federal share of the costs of
planning, designing and constructing the project pursuant to
subsection (f).
``(f) Competitive Grant Program for the Funding of Water Recycling
and Reuse Projects.--
``(1) Establishment.--The Secretary shall establish a
competitive grant program under which the non-Federal project
sponsor of any project determined by the Secretary to be
feasible under subsection (e)(3)(A) shall be eligible to apply
for funding for the planning, design, and construction of the
project, subject to subsection (g)(2).
``(2) Priority.--When funding projects under paragraph (1),
the Secretary shall give funding priority to projects that meet
one or more of the criteria listed in paragraph (3) and are
located in an area that--
``(A) has been identified by the United States
Drought Monitor as experiencing severe, extreme, or
exceptional drought at any time in the 4-year period
before such funds are made available; or
``(B) was designated as a disaster area by a State
during the 4-year period before such funds are made
available.
``(3) Criteria.--The project criteria referred to in
paragraph (2) are the following:
``(A) Projects that are likely to provide a more
reliable water supply for States and local governments.
[[Page 130 STAT. 1870]]
``(B) Projects that are likely to increase the water
management flexibility and reduce impacts on
environmental resources from projects operated by
Federal and State agencies.
``(C) Projects that are regional in nature.
``(D) Projects with multiple stakeholders.
``(E) Projects that provide multiple benefits,
including water supply reliability, eco-system benefits,
groundwater management and enhancements, and water
quality improvements.
``(g) Authorization of Appropriations.--
``(1) There is authorized to be appropriated to the
Secretary of the Interior an additional $50,000,000 to remain
available until expended.
``(2) Projects can only receive funding if enacted
appropriations legislation designates funding to them by name,
after the Secretary recommends specific projects for funding
pursuant to subsection (f) and transmits such recommendations to
the appropriate committees of Congress.''.
(d) <<NOTE: 42 USC 10364 note.>> Funding.--Section 9504 of the
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended
in subsection (e) by striking ``$350,000,000'' and inserting
``$450,000,000'' on the condition that of that amount, $50,000,000 of it
is used to carry out section 206 of the Energy and Water Development and
Related Agencies Appropriation Act, 2015 (43 U.S.C. 620 note; Public Law
113-235).
SEC. 4010. ACTIONS TO BENEFIT THREATENED AND ENDANGERED SPECIES
AND OTHER WILDLIFE.
(a) Increased Real-Time Monitoring and Updated Science.--
(1) Smelt biological opinion.--The Director shall use the
best scientific and commercial data available to implement,
continuously evaluate, and refine or amend, as appropriate, the
reasonable and prudent alternative described in the smelt
biological opinion.
(2) Increased monitoring to inform real-time operations.--
(A) In general.--The Secretary of the Interior shall
conduct additional surveys, on an annual basis at the
appropriate time of year based on environmental
conditions, in collaboration with interested
stakeholders regarding the science of the Delta in
general, and to enhance real time decisionmaking in
particular, working in close coordination with relevant
State authorities.
(B) Requirements.--In carrying out this subsection,
the Secretary of the Interior shall use--
(i) the most appropriate and accurate survey
methods available for the detection of Delta smelt
to determine the extent to which adult Delta smelt
are distributed in relation to certain levels of
turbidity or other environmental factors that may
influence salvage rate;
(ii) results from appropriate surveys for the
detection of Delta smelt to determine how the
Central Valley Project and State Water Project may
be operated more
[[Page 130 STAT. 1871]]
efficiently to maximize fish and water supply
benefits; and
(iii) science-based recommendations developed
by any of the persons or entities described in
paragraph (4)(B) to inform the agencies' real-time
decisions.
(C) Winter monitoring.--During the period between
December 1 and March 31, if suspended sediment loads
enter the Delta from the Sacramento River, and the
suspended sediment loads appear likely to raise
turbidity levels in the Old River north of the export
pumps from values below 12 Nephelometric Turbidity Units
(NTUs) to values above 12 NTUs, the Secretary of the
Interior shall--
(i) conduct daily monitoring using appropriate
survey methods at locations including the vicinity
of Station 902 to determine the extent to which
adult Delta smelt are moving with turbidity toward
the export pumps; and
(ii) use results from the monitoring under
subparagraph (A) to determine how increased
trawling can inform daily real-time Central Valley
Project and State Water Project operations to
maximize fish and water supply benefits.
(3) Periodic review of monitoring.--Not later than 1 year
after the date of enactment of this subtitle, the Secretary of
the Interior shall--
(A) evaluate whether the monitoring program under
paragraph (2), combined with other monitoring programs
for the Delta, is providing sufficient data to inform
Central Valley Project and State Water Project
operations to maximize the water supply for fish and
water supply benefits; and
(B) determine whether the monitoring efforts should
be changed in the short or long term to provide more
useful data.
(4) Delta smelt distribution study.--
(A) In general.--Not later than March 15, 2021, the
Secretary of the Interior shall--
(i) complete studies, to be initiated by not
later than 90 days after the date of enactment of
this subtitle, designed--
(I) to understand the location and
determine the abundance and distribution
of Delta smelt throughout the range of
the Delta smelt; and
(II) to determine potential methods
to minimize the effects of Central
Valley Project and State Water Project
operations on the Delta smelt;
(ii) based on the best available science, if
appropriate and practicable, implement new
targeted sampling and monitoring of Delta smelt in
order to maximize fish and water supply benefits
prior to completion of the study under clause (i);
(iii) to the maximum extent practicable, use
new technologies to allow for better tracking of
Delta smelt, such as acoustic tagging, optical
recognition during trawls, and fish detection
using residual deoxyribonucleic acid (DNA); and
[[Page 130 STAT. 1872]]
(iv) if new sampling and monitoring is not
implemented under clause (ii), provide a detailed
explanation of the determination of the Secretary
of the Interior that no change is warranted.
(B) Consultation.--In determining the scope of the
studies under this subsection, the Secretary of the
Interior shall consult with--
(i) Central Valley Project and State Water
Project water contractors and public water
agencies;
(ii) other public water agencies;
(iii) the California Department of Fish and
Wildlife and the California Department of Water
Resources; and
(iv) nongovernmental organizations.
(b) Actions to Benefit Endangered Fish Populations.--
(1) Findings.--Congress finds that--
(A) minimizing or eliminating stressors to fish
populations and their habitat in an efficient and
structured manner is a key aspect of a fish recovery
strategy;
(B) functioning, diverse, and interconnected
habitats are necessary for a species to be viable; and
(C) providing for increased fish habitat may not
only allow for a more robust fish recovery, but also
reduce impacts to water supplies.
(2) Actions for benefit of endangered species.--There is
authorized to be appropriated the following amounts:
(A) $15,000,000 for the Secretary of Commerce,
through the Administrator of the National Oceanic and
Atmospheric Administration, to carry out the following
activities in accordance with the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.):
(i) Gravel and rearing area additions and
habitat restoration to the Sacramento River to
benefit Chinook salmon and steelhead trout.
(ii) Scientifically improved and increased
real-time monitoring to inform real-time
operations of Shasta and related Central Valley
Project facilities, and alternative methods,
models, and equipment to improve temperature
modeling and related forecasted information for
purposes of predicting impacts to salmon and
salmon habitat as a result of water management at
Shasta.
(iii) Methods to improve the Delta salvage
systems, including alternative methods to
redeposit salvaged salmon smolts and other fish
from the Delta in a manner that reduces predation
losses.
(B) $3,000,000 for the Secretary of the Interior to
conduct the Delta smelt distribution study referenced in
subsection (a)(4).
(3) Commencement.--If the Administrator of the National
Oceanic and Atmospheric Administration determines that a
proposed activity is feasible and beneficial for protecting and
recovering a fish population, the Administrator shall commence
implementation of the activity by not later than 1 year after
the date of enactment of this subtitle.
(4) Consultation.--The Administrator shall take such steps
as are necessary to partner with, and coordinate the
[[Page 130 STAT. 1873]]
efforts of, the Department of the Interior, the Department of
Commerce, and other relevant Federal departments and agencies to
ensure that all Federal reviews, analyses, opinions, statements,
permits, licenses, and other approvals or decisions required
under Federal law are completed on an expeditious basis,
consistent with Federal law.
(5) Conservation fish hatcheries.--
(A) In general.--Not later than 2 years after the
date of enactment of this subtitle, the Secretaries of
the Interior and Commerce, in coordination with the
Director of the California Department of Fish and
Wildlife, shall develop and implement as necessary the
expanded use of conservation hatchery programs to
enhance, supplement, and rebuild Delta smelt and
Endangered Species Act-listed fish species under the
smelt and salmonid biological opinions.
(B) Requirements.--The conservation hatchery
programs established under paragraph (1) and the
associated hatchery and genetic management plans shall
be designed--
(i) to benefit, enhance, support, and
otherwise recover naturally spawning fish species
to the point where the measures provided under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) are no longer necessary; and
(ii) to minimize adverse effects to Central
Valley Project and State Water Project operations.
(C) Priority; cooperative agreements.--In
implementing this section, the Secretaries of the
Interior and Commerce--
(i) shall give priority to existing and
prospective hatchery programs and facilities
within the Delta and the riverine tributaries
thereto; and
(ii) may enter into cooperative agreements for
the operation of conservation hatchery programs
with States, Indian tribes, and other
nongovernmental entities for the benefit,
enhancement, and support of naturally spawning
fish species.
(6) Acquisition of land, water, or interests from willing
sellers for environmental purposes in california.--
(A) In general.--The Secretary of the Interior is
authorized to acquire by purchase, lease, donation, or
otherwise, land, water, or interests in land or water
from willing sellers in California--
(i) to benefit listed or candidate species
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) or the California Endangered
Species Act (California Fish and Game Code
sections 2050 through 2116);
(ii) to meet requirements of, or otherwise
provide water quality benefits under, the Federal
Water Pollution Control Act (33 U.S.C. 1251 et
seq.) or the Porter Cologne Water Quality Control
Act (division 7 of the California Water Code); or
(iii) for protection and enhancement of the
environment, as determined by the Secretary of the
Interior.
[[Page 130 STAT. 1874]]
(B) State participation.--In implementing this
section, the Secretary of the Interior is authorized to
participate with the State of California or otherwise
hold such interests identified in subparagraph (A) in
joint ownership with the State of California based on a
cost share deemed appropriate by the Secretary.
(C) Treatment.--Any expenditures under this
subsection shall be nonreimbursable and nonreturnable to
the United States.
(7) Reauthorization of the fisheries restoration and
irrigation mitigation act of 2000.--
(A) Section 10(a) of the Fisheries Restoration and
Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note;
Public Law 106-502) is amended by striking ``$25 million
for each of fiscal years 2009 through 2015'' and
inserting ``$15 million through 2021''; and
(B) Section 2 of the Fisheries Restoration and
Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note;
Public Law 106-502) is amended by striking ``Montana,
and Idaho'' and inserting ``Montana, Idaho, and
California''.
(c) Actions to Benefit Refuges.--
(1) In general.--In addition to funding under section 3407
of the Central Valley Project Improvement Act (Public Law 102-
575; 106 Stat. 4726), there is authorized to be appropriated to
the Secretary of the Interior $2,000,000 for each of fiscal
years 2017 through 2021 for the acceleration and completion of
water infrastructure and conveyance facilities necessary to
achieve full water deliveries to Central Valley wildlife refuges
and habitat areas pursuant to section 3406(d) of that Act
(Public Law 102-575; 106 Stat. 4722).
(2) Cost sharing.--
(A) Federal share.--The Federal share of the cost of
carrying out an activity described in this section shall
be not more than 50 percent.
(B) Non-federal share.--The non-Federal share of the
cost of carrying out an activity described in this
section--
(i) shall be not less than 50 percent; and
(ii) may be provided in cash or in kind.
(d) Non-Federal Program to Protect Native Anadromous Fish in
Stanislaus River.--
(1) Definition of district.--In this section, the term
``district'' means--
(A) the Oakdale Irrigation District of the State of
California; and
(B) the South San Joaquin Irrigation District of the
State of California.
(2) Establishment.--The Secretary of Commerce, acting
through the Assistant Administrator of the National Marine
Fisheries Service, and the districts shall jointly establish and
conduct a nonnative predator research and pilot fish removal
program to study the effects of removing from the Stanislaus
River--
(A) nonnative striped bass, smallmouth bass,
largemouth bass, black bass; and
(B) other nonnative predator fish species.
[[Page 130 STAT. 1875]]
(3) Requirements.--The program under this section shall--
(A) be scientifically based, with research questions
determined jointly by--
(i) National Marine Fisheries Service
scientists; and
(ii) technical experts of the districts;
(B) include methods to quantify by, among other
things, evaluating the number of juvenile anadromous
fish that migrate past the rotary screw trap located at
Caswell--
(i) the number and size of predator fish
removed each year; and
(ii) the impact of the removal on--
(I) the overall abundance of
predator fish in the Stanislaus River;
and
(II) the populations of juvenile
anadromous fish in the Stanislaus River;
(C) among other methods, consider using wire fyke
trapping, portable resistance board weirs, and boat
electrofishing; and
(D) be implemented as quickly as practicable after
the date of issuance of all necessary scientific
research permits.
(4) Management.--The management of the program shall be the
joint responsibility of the Assistant Administrator and the
districts, which shall--
(A) work collaboratively to ensure the performance
of the program; and
(B) discuss and agree on, among other things--
(i) qualified scientists to lead the program;
(ii) research questions;
(iii) experimental design;
(iv) changes in the structure, management,
personnel, techniques, strategy, data collection
and access, reporting, and conduct of the program;
and
(v) the need for independent peer review.
(5) Conduct.--
(A) In general.--For each applicable calendar year,
the districts, on agreement of the Assistant
Administrator, may elect to conduct the program under
this section using--
(i) the personnel of the Assistant
Administrator or districts;
(ii) qualified private contractors hired by
the districts;
(iii) personnel of, on loan to, or otherwise
assigned to the National Marine Fisheries Service;
or
(iv) a combination of the individuals
described in clauses (i) through (iii).
(B) Participation by national marine fisheries
service.--
(i) In general.--If the districts elect to
conduct the program using district personnel or
qualified private contractors hired under clause
(i) or (ii) of subparagraph (A), the Assistant
Administrator may assign an employee of, on loan
to, or otherwise assigned to the National Marine
Fisheries Service, to be present
[[Page 130 STAT. 1876]]
for all activities performed in the field to
ensure compliance with paragraph (4).
(ii) Costs.--The districts shall pay the cost
of participation by the employee under clause (i),
in accordance with paragraph (6).
(C) Timing of election.--The districts shall notify
the Assistant Administrator of an election under
subparagraph (A) by not later than October 15 of the
calendar year preceding the calendar year for which the
election applies.
(6) Funding.--
(A) In general.--The districts shall be responsible
for 100 percent of the cost of the program.
(B) Contributed funds.--The Secretary of Commerce
may accept and use contributions of funds from the
districts to carry out activities under the program.
(C) Estimation of cost.--
(i) In general.--Not later than December 1 of
each year of the program, the Secretary of
Commerce shall submit to the districts an estimate
of the cost to be incurred by the National Marine
Fisheries Service for the program during the
following calendar year, if any, including the
cost of any data collection and posting under
paragraph (7).
(ii) Failure to fund.--If an amount equal to
the estimate of the Secretary of Commerce is not
provided through contributions pursuant to
subparagraph (B) before December 31 of that
calendar year--
(I) the Secretary shall have no
obligation to conduct the program
activities otherwise scheduled for the
following calendar year until the amount
is contributed by the districts; and
(II) the districts may not conduct
any aspect of the program until the
amount is contributed by the districts.
(D) Accounting.--
(i) In general.--Not later than September 1 of
each year, the Secretary of Commerce shall provide
to the districts an accounting of the costs
incurred by the Secretary for the program during
the preceding calendar year.
(ii) Excess amounts.--If the amount
contributed by the districts pursuant to
subparagraph (B) for a calendar year was greater
than the costs incurred by the Secretary of
Commerce during that year, the Secretary shall--
(I) apply the excess amounts to the
cost of activities to be performed by
the Secretary under the program, if any,
during the following calendar year; or
(II) if no such activities are to be
performed, repay the excess amounts to
the districts.
(7) Publication and evaluation of data.--
(A) In general.--All data generated through the
program, including by any private consultants, shall be
routinely provided to the Assistant Administrator.
[[Page 130 STAT. 1877]]
(B) Internet.--Not later than the 15th day of each
month of the program, the Assistant Administrator shall
publish on the Internet website of the National Marine
Fisheries Service a tabular summary of the raw data
collected under the program during the preceding month.
(C) Report.--On completion of the program, the
Assistant Administrator shall prepare a final report
evaluating the effectiveness of the program, including
recommendations for future research and removal work.
(8) Consistency with law.--
(A) In general.--The programs in this section and
subsection (e) are found to be consistent with the
requirements of the Central Valley Project Improvement
Act (Public Law 102-575; 106 Stat. 4706).
(B) Limitation.--No provision, plan, or definition
under that Act, including section 3406(b)(1) of that Act
(Public Law 102-575; 106 Stat. 4714), shall be used--
(i) to prohibit the implementation of the
programs in this subsection and subsection (e); or
(ii) to prevent the accomplishment of the
goals of the programs.
(e) Pilot Projects to Implement CALFED Invasive Species Program.--
(1) In general.--Not later than January 1, 2018, the
Secretary of the Interior, in collaboration with the Secretary
of Commerce, the Director of the California Department of Fish
and Wildlife, and other relevant agencies and interested
parties, shall establish and carry out pilot projects to
implement the invasive species control program under section
103(d)(6)(A)(iv) of Public Law 108-361 (118 Stat. 1690).
(2) Requirements.--The pilot projects under this section
shall--
(A) seek to reduce invasive aquatic vegetation (such
as water hyacinth), predators, and other competitors
that contribute to the decline of native listed pelagic
and anadromous species that occupy the Sacramento and
San Joaquin Rivers and their tributaries and the Delta;
and
(B) remove, reduce, or control the effects of
species including Asiatic clams, silversides, gobies,
Brazilian water weed, largemouth bass, smallmouth bass,
striped bass, crappie, bluegill, white and channel
catfish, zebra and quagga mussels, and brown bullheads.
(3) Emergency environmental reviews.--To expedite
environmentally beneficial programs in this subtitle for the
conservation of threatened and endangered species, the
Secretaries of the Interior and Commerce shall consult with the
Council on Environmental Quality in accordance with section
1506.11 of title 40, Code of Federal Regulations (or successor
regulations), to develop alternative arrangements to comply with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for those programs.
(f) Collaborative Processes.--Notwithstanding the Federal Advisory
Committee Act (5 U.S.C. App.) and applicable Federal acquisitions and
contracting authorities, the Secretaries of the Interior and Commerce
may use the collaborative processes under the Collaborative Science
Adaptive Management Program to enter
[[Page 130 STAT. 1878]]
into contracts with specific individuals or organizations directly or in
conjunction with appropriate State agencies.
(g) The ``Save Our Salmon Act''.--
(1) Treatment of striped bass.--
(A) Anadromous fish.--Section 3403(a) of the Central
Valley Project Improvement Act (title XXXIV of Public
Law 102-575) is amended by striking ``striped bass,''
after ``stocks of salmon (including steelhead),''.
(B) Fish and wildlife restoration activities.--
Section 3406(b) of the Central Valley Project
Improvement Act (title XXXIV of Public Law 102-575) is
amended by--
(i) striking paragraphs (14) and (18);
(ii) redesignating paragraphs (15) through
(17) as paragraphs (14) through (16),
respectively; and
(iii) redesignating paragraphs (19) through
(23) as paragraphs (17) through (21),
respectively.
(2) Conforming changes.--Section 3407(a) of the Central
Valley Project Improvement Act (title XXXIV of Public Law 102-
575) is amended by striking ``(10)-(18), and (20)-(22)'' and
inserting ``(10)-(16), and (18)-(20)''.
SEC. 4011. OFFSETS AND WATER STORAGE ACCOUNT.
(a) Prepayment of Certain Repayment Contracts Between the United
States and Contractors of Federally Developed Water Supplies.--
(1) Conversion and prepayment of contracts.--Upon request of
the contractor, the Secretary of the Interior shall convert any
water service contract in effect on the date of enactment of
this subtitle and between the United States and a water users'
association to allow for prepayment of the repayment contract
pursuant to paragraph (2) under mutually agreeable terms and
conditions. The manner of conversion under this paragraph shall
be as follows:
(A) Water service contracts that were entered into
under section (e) of the Act of August 4, 1939 (53 Stat.
1196), to be converted under this section shall be
converted to repayment contracts under section 9(d) of
that Act (53 Stat. 1195).
(B) Water service contracts that were entered under
subsection (c)(2) of section 9 of the Act of August 4,
1939 (53 Stat. 1194), to be converted under this section
shall be converted to a contract under subsection (c)(1)
of section 9 of that Act (53 Stat. 1195).
(2) Prepayment.--Except for those repayment contracts under
which the contractor has previously negotiated for prepayment,
all repayment contracts under section 9(d) of that Act (53 Stat.
1195) in effect on the date of enactment of this subtitle at the
request of the contractor, and all contracts converted pursuant
to paragraph (1)(A) shall--
(A) provide for the repayment, either in lump sum or
by accelerated prepayment, of the remaining construction
costs identified in water project specific irrigation
rate repayment schedules, as adjusted to reflect payment
not reflected in such schedules, and properly assignable
for ultimate return by the contractor, or if made in
approximately equal installments, no later than 3 years
after the effective date of the repayment contract, such
amount
[[Page 130 STAT. 1879]]
to be discounted by \1/2\ the Treasury rate. An estimate
of the remaining construction costs, as adjusted, shall
be provided by the Secretary to the contractor no later
than 90 days following receipt of request of the
contractor;
(B) require that construction costs or other
capitalized costs incurred after the effective date of
the contract or not reflected in the rate schedule
referenced in subparagraph (A), and properly assignable
to such contractor shall be repaid in not more than 5
years after notification of the allocation if such
amount is a result of a collective annual allocation of
capital costs to the contractors exercising contract
conversion under this subsection of less than
$5,000,000. If such amount is $5,000,000 or greater,
such cost shall be repaid as provided by applicable
reclamation law;
(C) provide that power revenues will not be
available to aid in repayment of construction costs
allocated to irrigation under the contract; and
(D) continue so long as the contractor pays
applicable charges, consistent with section 9(d) of the
Act of August 4, 1939 (53 Stat. 1195), and applicable
law.
(3) Contract requirements.--Except for those repayment
contracts under which the contractor has previously negotiated
for prepayment, the following shall apply with regard to all
repayment contracts under subsection (c)(1) of section 9 of that
Act (53 Stat. 1195) in effect on the date of enactment of this
subtitle at the request of the contractor, and all contracts
converted pursuant to paragraph (1)(B):
(A) Provide for the repayment in lump sum of the
remaining construction costs identified in water project
specific municipal and industrial rate repayment
schedules, as adjusted to reflect payments not reflected
in such schedules, and properly assignable for ultimate
return by the contractor. An estimate of the remaining
construction costs, as adjusted, shall be provided by
the Secretary to the contractor no later than 90 days
after receipt of the request of contractor.
(B) The contract shall require that construction
costs or other capitalized costs incurred after the
effective date of the contract or not reflected in the
rate schedule referenced in subparagraph (A), and
properly assignable to such contractor, shall be repaid
in not more than 5 years after notification of the
allocation if such amount is a result of a collective
annual allocation of capital costs to the contractors
exercising contract conversion under this subsection of
less than $5,000,000. If such amount is $5,000,000 or
greater, such cost shall be repaid as provided by
applicable reclamation law.
(C) Continue so long as the contractor pays
applicable charges, consistent with section 9(c)(1) of
the Act of August 4, 1939 (53 Stat. 1195), and
applicable law.
(4) Conditions.--All contracts entered into pursuant to
paragraphs (1), (2), and (3) shall--
(A) not be adjusted on the basis of the type of
prepayment financing used by the water users'
association;
[[Page 130 STAT. 1880]]
(B) conform to any other agreements, such as
applicable settlement agreements and new constructed
appurtenant facilities; and
(C) not modify other water service, repayment,
exchange and transfer contractual rights between the
water users' association, and the Bureau of Reclamation,
or any rights, obligations, or relationships of the
water users' association and their landowners as
provided under State law.
(b) Accounting.--The amounts paid pursuant to subsection (a) shall
be subject to adjustment following a final cost allocation by the
Secretary of the Interior. In the event that the final cost allocation
indicates that the costs properly assignable to the contractor are
greater than what has been paid by the contractor, the contractor shall
be obligated to pay the remaining allocated costs. The term of such
additional repayment contract shall be not less than one year and not
more than 10 years, however, mutually agreeable provisions regarding the
rate of repayment of such amount may be developed by the parties. In the
event that the final cost allocation indicates that the costs properly
assignable to the contractor are less than what the contractor has paid,
the Secretary shall credit such overpayment as an offset against any
outstanding or future obligation of the contractor, with the exception
of Restoration Fund charges pursuant to section 3407(d) of Public Law
102-575.
(c) Applicability of Certain Provisions.--
(1) Effect of existing law.--Upon a contractor's compliance
with and discharge of the obligation of repayment of the
construction costs pursuant to a contract entered into pursuant
to subsection (a)(2)(A), subsections (a) and (b) of section 213
of the Reclamation Reform Act of 1982 (96 Stat. 1269) shall
apply to affected lands.
(2) Effect of other obligations.--The obligation of a
contractor to repay construction costs or other capitalized
costs described in subsection (a)(2)(B), (a)(3)(B), or (b) shall
not affect a contractor's status as having repaid all of the
construction costs assignable to the contractor or the
applicability of subsections (a) and (b) of section 213 of the
Reclamation Reform Act of 1982 (96 Stat. 1269) once the amount
required to be paid by the contractor under the repayment
contract entered into pursuant to subsection (a)(2)(A) has been
paid.
(d) Effect on Existing Law Not Altered.--Implementation of the
provisions of this subtitle shall not alter--
(1) the repayment obligation of any water service or
repayment contractor receiving water from the same water
project, or shift any costs that would otherwise have been
properly assignable to the water users' association identified
in subsections (a)(1), (a)(2), and (a)(3) absent this section,
including operation and maintenance costs, construction costs,
or other capitalized costs incurred after the date of the
enactment of this subtitle, or to other contractors; and
(2) specific requirements for the disposition of amounts
received as repayments by the Secretary under the Act of June
17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to
and amendatory of that Act (43 U.S.C. 371 et seq.);
(3) the priority of a water service or repayment contractor
to receive water; or
[[Page 130 STAT. 1881]]
(4) except as expressly provided in this section, any
obligations under the reclamation law, including the
continuation of Restoration Fund charges pursuant to section
3407(d) (Public Law 102-575), of the water service and repayment
contractors making prepayments pursuant to this section.
(e) Water Storage Enhancement Program.--
(1) In general.--Except as provided in subsection (d)(2),
$335,000,000 out of receipts generated from prepayment of
contracts under this section beyond amounts necessary to cover
the amount of receipts forgone from scheduled payments under
current law for the 10-year period following the date of
enactment of this Act shall be directed to the Reclamation Water
Storage Account under paragraph (2).
(2) Storage account.--The Secretary shall allocate amounts
collected under paragraph (1) into the ``Reclamation Storage
Account'' to fund the construction of water storage. The
Secretary may also enter into cooperative agreements with water
users' associations for the construction of water storage and
amounts within the Storage Account may be used to fund such
construction. Water storage projects that are otherwise not
federally authorized shall not be considered Federal facilities
as a result of any amounts allocated from the Storage Account
for part or all of such facilities.
(3) Repayment.--Amounts used for water storage construction
from the Account shall be fully reimbursed to the Account
consistent with the requirements under Federal reclamation law
(the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.)) except that all funds reimbursed shall be deposited in
the Account established under paragraph (2).
(4) Availability of amounts.--Amounts deposited in the
Account under this subsection shall--
(A) be made available in accordance with this
section, subject to appropriation; and
(B) be in addition to amounts appropriated for such
purposes under any other provision of law.
(f) Definitions.--For the purposes of this subtitle, the following
definitions apply:
(1) Account.--The term ``Account'' means the Reclamation
Water Storage Account established under subsection (e)(2).
(2) Construction.--The term ``construction'' means the
designing, materials engineering and testing, surveying, and
building of water storage including additions to existing water
storage and construction of new water storage facilities,
exclusive of any Federal statutory or regulatory obligations
relating to any permit, review, approval, or other such
requirement.
(3) Water storage.--The term ``water storage'' means any
federally owned facility under the jurisdiction of the Bureau of
Reclamation or any non-Federal facility used for the storage and
supply of water resources.
(4) Treasury rate.--The term ``Treasury rate'' means the 20-
year Constant Maturity Treasury (CMT) rate published by the
United States Department of the Treasury existing on the
effective date of the contract.
(5) Water users' association.--The term ``water users'
association'' means--
[[Page 130 STAT. 1882]]
(A) an entity organized and recognized under State
laws that is eligible to enter into contracts with
Reclamation to receive contract water for delivery to
end users of the water and to pay applicable charges;
and
(B) includes a variety of entities with different
names and differing functions, such as associations,
conservancy districts, irrigation districts,
municipalities, and water project contract units.
SEC. 4012. <<NOTE: 43 USC 390b note.>> SAVINGS LANGUAGE.
(a) In General.--This subtitle shall not be interpreted or
implemented in a manner that--
(1) preempts or modifies any obligation of the United States
to act in conformance with applicable State law, including
applicable State water law;
(2) affects or modifies any obligation under the Central
Valley Project Improvement Act (Public Law 102-575; 106 Stat.
4706), except for the savings provisions for the Stanislaus
River predator management program expressly established by
section 11(d) and provisions in section 11(g);
(3) overrides, modifies, or amends the applicability of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the
application of the smelt and salmonid biological opinions to the
operation of the Central Valley Project or the State Water
Project;
(4) would cause additional adverse effects on listed fish
species beyond the range of effects anticipated to occur to the
listed fish species for the duration of the applicable
biological opinion, using the best scientific and commercial
data available; or
(5) overrides, modifies, or amends any obligation of the
Pacific Fisheries Management Council, required by the Magnuson
Stevens Act or the Endangered Species Act of 1973, to manage
fisheries off the coast of California, Oregon, or Washington.
(b) Successor Biological Opinions.--
(1) In general.--The Secretaries of the Interior and
Commerce shall apply this Act to any successor biological
opinions to the smelt or salmonid biological opinions only to
the extent that the Secretaries determine is consistent with--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), its implementing regulations, and the
successor biological opinions; and
(B) subsection (a)(4).
(2) Limitation.--Nothing in this Act shall restrict the
Secretaries of the Interior and Commerce from completing
consultation on successor biological opinions and through those
successor biological opinions implementing whatever adjustments
in operations or other activities as may be required by the
Endangered Species Act of 1973 and its implementing regulations.
(c) Severability.--If any provision of this subtitle, or any
application of such provision to any person or circumstance, is held to
be inconsistent with any law or the biological opinions, the remainder
of this subtitle and the application of this subtitle to any other
person or circumstance shall not be affected.
[[Page 130 STAT. 1883]]
SEC. 4013. <<NOTE: 43 USC 390b note.>> DURATION.
This subtitle shall expire on the date that is 5 years after the
date of its enactment, with the exception of--
(1) section 4004, which shall expire 10 years after the date
of its enactment; and
(2) projects under construction in sections 4007, 4009(a),
and 4009(c).
SEC. 4014. <<NOTE: 43 USC 390b note.>> DEFINITIONS.
In this subtitle:
(1) Assistant administrator.--The term ``Assistant
Administrator'' means the Assistant Administrator for Fisheries
of the National Oceanic and Atmospheric Administration.
(2) Central valley project.--The term ``Central Valley
Project'' has the meaning given the term in section 3403 of the
Central Valley Project Improvement Act (Public Law 102-575; 106
Stat. 4707).
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(4) Delta.--The term ``Delta'' means the Sacramento-San
Joaquin Delta and the Suisun Marsh (as defined in section 12220
of the California Water Code and section 29101 of the California
Public Resources Code (as in effect on the date of enactment of
this Act)).
(5) Delta smelt.--The term ``Delta smelt'' means the fish
species with the scientific name Hypomesus transpacificus.
(6) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(7) Listed fish species.--The term ``listed fish species''
means--
(A) any natural origin steelhead, natural origin
genetic spring run Chinook, or genetic winter run
Chinook salmon (including any hatchery steelhead or
salmon population within the evolutionary significant
unit or a distinct population segment); and
(B) Delta smelt.
(8) Reclamation state.--The term ``Reclamation State'' means
any of the States of--
(A) Arizona;
(B) California;
(C) Colorado;
(D) Idaho;
(E) Kansas;
(F) Montana;
(G) Nebraska;
(H) Nevada;
(I) New Mexico;
(J) North Dakota;
(K) Oklahoma;
(L) Oregon;
(M) South Dakota;
(N) Texas;
(O) Utah;
(P) Washington; and
(Q) Wyoming.
(9) Salmonid biological opinion.--
[[Page 130 STAT. 1884]]
(A) In general.--The term ``salmonid biological
opinion'' means the biological and conference opinion of
the National Marine Fisheries Service dated June 4,
2009, regarding the long-term operation of the Central
Valley Project and the State Water Project, and
successor biological opinions.
(B) Inclusions.--The term ``salmonid biological
opinion'' includes the operative incidental take
statement of the opinion described in subparagraph (A).
(10) Smelt biological opinion.--
(A) In general.--The term ``smelt biological
opinion'' means the biological opinion dated December
15, 2008, regarding the coordinated operation of the
Central Valley Project and the State Water Project, and
successor biological opinions.
(B) Inclusions.--The term ``smelt biological
opinion'' includes the operative incidental take
statement of the opinion described in subparagraph (A).
(11) State water project.--The term ``State Water Project''
means the water project described in chapter 5 of part 3 of
division 6 of the California Water Code (sections 11550 et seq.)
(as in effect on the date of enactment of this Act) and operated
by the California Department of Water Resources.
TITLE IV--OTHER MATTERS
SEC. 5001. CONGRESSIONAL NOTIFICATION REQUIREMENTS.
(a) In General.--Subchapter I of chapter 3 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 311. <<NOTE: 49 USC 311.>> Congressional notification
requirements
``(a) In General.--Except as provided in subsection (b) or as
expressly provided in another provision of law, the Secretary of
Transportation shall provide to the appropriate committees of Congress
notice of an announcement concerning a covered project at least 3 full
business days before the announcement is made by the Department.
``(b) Emergency Program.--With respect to an allocation of funds
under section 125 of title 23, the Secretary shall provide to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate notice of the allocation--
``(1) at least 3 full business days before the issuance of
the allocation; or
``(2) concurrently with the issuance of the allocation, if
the allocation is made using the quick release process of the
Department (or any successor process).
``(c) Definitions.--In this section, the following definitions
apply:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Transportation and
Infrastructure of the House of Representatives; and
``(B) the Committee on Environment and Public Works,
the Committee on Commerce, Science, and Transportation,
[[Page 130 STAT. 1885]]
and the Committee on Banking, Housing, and Urban Affairs
of the Senate.
``(2) Covered project.--The term `covered project' means a
project competitively selected by the Department to receive a
discretionary grant award, letter of intent, loan commitment,
loan guarantee commitment, or line of credit commitment in an
amount equal to or greater than $750,000.
``(3) Department.--The term `Department' means the
Department of Transportation, including the modal
administrations of the Department.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 49,
United States Code, <<NOTE: 49 USC prec. 301.>> is amended by inserting
after the item relating to section 310 the following:
``311. Congressional notification requirements.''.
SEC. 5002. REAUTHORIZATION OF DENALI COMMISSION.
(a) Administration.--Section 303 of the Denali Commission Act of
1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--
(1) in subsection (c)--
(A) in the first sentence by striking ``The Federal
Cochairperson'' and inserting the following:
``(1) Term of federal cochairperson.--The Federal
Cochairperson'';
(B) in the second sentence by striking ``All other
members'' and inserting the following:
``(3) Term of all other members.--All other members'';
(C) in the third sentence by striking ``Any
vacancy'' and inserting the following:
``(4) Vacancies.--Except as provided in paragraph (2), any
vacancy''; and
(D) by inserting before paragraph (3) (as designated
by subparagraph (B)) the following:
``(2) Interim federal cochairperson.--In the event of a
vacancy for any reason in the position of Federal Cochairperson,
the Secretary may appoint an Interim Federal Cochairperson, who
shall have all the authority of the Federal Cochairperson, to
serve until such time as the vacancy in the position of Federal
Cochairperson is filled in accordance with subsection
(b)(2)).''; and
(2) by adding at the end the following:
``(f) No Federal Employee Status.--No member of the Commission,
other than the Federal Cochairperson, shall be considered to be a
Federal employee for any purpose.
``(g) Conflicts of Interest.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), no member of the Commission (referred to in this subsection
as a `member') shall participate personally or substantially,
through recommendation, the rendering of advice, investigation,
or otherwise, in any proceeding, application, request for a
ruling or other determination, contract claim, controversy, or
other matter in which, to the knowledge of the member, 1 or more
of the following has a direct financial interest:
``(A) The member.
``(B) The spouse, minor child, or partner of the
member.
``(C) An organization described in subparagraph (B),
(C), (D), (E), or (F) of subsection (b)(1) for which the
member
[[Page 130 STAT. 1886]]
is serving as an officer, director, trustee, partner, or
employee.
``(D) Any individual, person, or organization with
which the member is negotiating or has any arrangement
concerning prospective employment.
``(2) Disclosure.--Paragraph (1) shall not apply if the
member--
``(A) immediately advises the designated agency
ethics official for the Commission of the nature and
circumstances of the matter presenting a potential
conflict of interest;
``(B) makes full disclosure of the financial
interest; and
``(C) before the proceeding concerning the matter
presenting the conflict of interest, receives a written
determination by the designated agency ethics official
for the Commission that the interest is not so
substantial as to be likely to affect the integrity of
the services that the Commission may expect from the
member. The written determination shall specify the
rationale and any evidence or support for the decision,
identify steps, if any, that should be taken to mitigate
any conflict of interest, and be available to the
public.
``(3) Annual disclosures.--Once each calendar year, each
member shall make full disclosure of financial interests, in a
manner to be determined by the designated agency ethics official
for the Commission.
``(4) Training.--Once each calendar year, each member shall
undergo disclosure of financial interests training, as
prescribed by the designated agency ethics official for the
Commission.
``(5) Clarification.--A member of the Commission may
continue to participate personally or substantially, through
decision, approval, or disapproval on the focus of applications
to be considered but not on individual applications where a
conflict of interest exists.
``(6) Violation.--Any person that violates this subsection
shall be fined not more than $10,000, imprisoned for not more
than 2 years, or both.''.
(b) Authorization of Appropriations.--
(1) In general.--Section 310 of the Denali Commission Act of
1998 (42 U.S.C. 3121 note; Public Law 105-277) (as redesignated
by section 1960(1) of SAFETEA-LU (Public Law 109-59; 119 Stat.
1516)) is amended, in subsection (a), by striking ``under
section 4 under this Act'' and all that follows through ``2008''
and inserting ``under section 304, $15,000,000 for each of
fiscal years 2017 through 2021.''.
(2) Clerical amendment.--Section 310 of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277)
(as redesignated by section 1960(1) of SAFETEA-LU (Public Law
109-59; 119 Stat. 1516)) is redesignated as section 312.
SEC. 5003. RECREATIONAL ACCESS FOR FLOATING CABINS AT TVA
RESERVOIRS.
The Tennessee Valley Authority Act of 1933 is amended by inserting
after section 9a (16 U.S.C. 831h-1) the following:
[[Page 130 STAT. 1887]]
``SEC. 9b. <<NOTE: 16 USC 831h-3.>> RECREATIONAL ACCESS.
``(a) Definition of Floating Cabin.--In this section, the term
`floating cabin' means a watercraft or other floating structure--
``(1) primarily designed and used for human habitation or
occupation; and
``(2) not primarily designed or used for navigation or
transportation on water.
``(b) Recreational Access.--The Board may allow the use of a
floating cabin if--
``(1) the floating cabin is maintained by the owner to
reasonable health, safety, and environmental standards, as
required by the Board;
``(2) the Corporation has authorized the use of recreational
vessels on the waters; and
``(3) the floating cabin was located on waters under the
jurisdiction of the Corporation as of the date of enactment of
this section.
``(c) Fees.--The Board may levy fees on the owner of a floating
cabin on waters under the jurisdiction of the Corporation for the
purpose of ensuring compliance with subsection (b) if the fees are
necessary and reasonable for such purpose.
``(d) Continued Recreational Use.--
``(1) In general.--With respect to a floating cabin located
on waters under the jurisdiction of the Corporation on the date
of enactment of this section, the Board--
``(A) may not require the removal of the floating
cabin--
``(i) in the case of a floating cabin that was
granted a permit by the Corporation before the
date of enactment of this section, for a period of
15 years beginning on such date of enactment; and
``(ii) in the case of a floating cabin not
granted a permit by the Corporation before the
date of enactment of this section, for a period of
5 years beginning on such date of enactment; and
``(B) shall approve and allow the use of the
floating cabin on waters under the jurisdiction of the
Corporation at such time and for such duration as--
``(i) the floating cabin meets the
requirements of subsection (b); and
``(ii) the owner of the floating cabin has
paid any fee assessed pursuant to subsection (c).
``(2) Savings provisions.--
``(A) Nothing in this subsection restricts the
ability of the Corporation to enforce reasonable health,
safety, or environmental standards.
``(B) This section applies only to floating cabins
located on waters under the jurisdiction of the
Corporation.
``(e) New Construction.--The Corporation may establish regulations
to prevent the construction of new floating cabins.''.
SEC. 5004. GOLD KING MINE SPILL RECOVERY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Claimant.--The term ``claimant'' means a State, Indian
tribe, or local government that submits a claim under subsection
(c).
[[Page 130 STAT. 1888]]
(3) Gold king mine release.--The term ``Gold King Mine
release'' means the discharge on August 5, 2015, of
approximately 3,000,000 gallons of contaminated water from the
Gold King Mine north of Silverton, Colorado, into Cement Creek
that occurred while contractors of the Environmental Protection
Agency were conducting an investigation of the Gold King Mine to
assess mine conditions.
(4) National contingency plan.--The term ``National
Contingency Plan'' means the National Contingency Plan prepared
and published under part 300 of title 40, Code of Federal
Regulations (or successor regulations).
(5) Response.--The term ``response'' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(b) Sense of Congress.--It is the sense of Congress that the
Administrator should receive and process, as expeditiously as possible,
claims under chapter 171 of title 28, United States Code (commonly known
as the ``Federal Tort Claims Act'') for any injury arising out of the
Gold King Mine release.
(c) Gold King Mine Release Claims Pursuant to Comprehensive
Environmental Response, Compensation, and Liability Act.--
(1) In general.--The Administrator shall, consistent with
the National Contingency Plan, receive and process under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and pay from
appropriations made available to the Administrator to carry out
such Act, any claim made by a State, Indian tribe, or local
government for eligible response costs relating to the Gold King
Mine release.
(2) Eligible response costs.--
(A) In general.--Response costs incurred between
August 5, 2015, and September 9, 2016, are eligible for
payment by the Administrator under this subsection,
without prior approval by the Administrator, if the
response costs are consistent with the National
Contingency Plan.
(B) Prior approval required.--Response costs
incurred after September 9, 2016, are eligible for
payment by the Administrator under this subsection if--
(i) the Administrator approves the response
costs under section 111(a)(2) of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9611(a)(2)); and
(ii) the response costs are consistent with
the National Contingency Plan.
(3) Timing.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall
make a decision on, and pay, any eligible response costs
submitted to the Administrator before such date of
enactment.
(B) Subsequently filed claims.--Not later than 90
days after the date on which a claim is submitted to the
Administrator, the Administrator shall make a decision
on, and pay, any eligible response costs.
[[Page 130 STAT. 1889]]
(C) Deadline.--All claims under this subsection
shall be submitted to the Administrator not later than
180 days after the date of enactment of this Act.
(D) Notification.--Not later than 30 days after the
date on which the Administrator makes a decision under
subparagraph (A) or (B), the Administrator shall notify
the claimant of the decision.
(d) Water Quality Program.--
(1) In general.--In response to the Gold King Mine release,
the Administrator, in conjunction with affected States, Indian
tribes, and local governments, shall, subject to the
availability of appropriations, develop and implement a program
for long-term water quality monitoring of rivers contaminated by
the Gold King Mine release.
(2) Requirements.--In carrying out the program described in
paragraph (1), the Administrator, in conjunction with affected
States, Indian tribes, and local governments, shall--
(A) collect water quality samples and sediment data;
(B) provide the public with a means of viewing the
water quality sample results and sediment data referred
to in subparagraph (A) by, at a minimum, posting the
information on the website of the Administrator;
(C) take any other reasonable measure necessary to
assist affected States, Indian tribes, and local
governments with long-term water monitoring; and
(D) carry out additional program activities related
to long-term water quality monitoring that the
Administrator determines to be necessary.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator $4,000,000.00 for each
of fiscal years 2017 through 2021 to carry out this subsection,
including the reimbursement of affected States, Indian tribes,
and local governments for the costs of long-term water quality
monitoring of any river contaminated by the Gold King Mine
release.
(e) Existing State and Tribal Law.--Nothing in this section affects
the jurisdiction or authority of any department, agency, or officer of
any State government or any Indian tribe.
(f) Savings Clause.--Nothing in this section affects any right of
any State, Indian tribe, or other person to bring a claim against the
United States for response costs or natural resources damages pursuant
to section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607).
SEC. 5005. GREAT LAKES RESTORATION INITIATIVE.
Section 118(c)(7) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(7)) is amended--
(1) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) Focus areas.--In carrying out the Initiative,
the Administrator shall prioritize programs and
projects, to be carried out in coordination with non-
Federal partners, that address the priority areas
described in the Initiative Action Plan, including--
``(i) the remediation of toxic substances and
areas of concern;
[[Page 130 STAT. 1890]]
``(ii) the prevention and control of invasive
species and the impacts of invasive species;
``(iii) the protection and restoration of
nearshore health and the prevention and mitigation
of nonpoint source pollution;
``(iv) habitat and wildlife protection and
restoration, including wetlands restoration and
preservation; and
``(v) accountability, monitoring, evaluation,
communication, and partnership activities.
``(C) Projects.--
``(i) In general.--In carrying out the
Initiative, the Administrator shall collaborate
with other Federal partners, including the Great
Lakes Interagency Task Force established by
Executive Order No. 13340 (69 Fed. Reg. 29043), to
select the best combination of programs and
projects for Great Lakes protection and
restoration using appropriate principles and
criteria, including whether a program or project
provides--
``(I) the ability to achieve
strategic and measurable environmental
outcomes that implement the Initiative
Action Plan and the Great Lakes Water
Quality Agreement;
``(II) the feasibility of--
``(aa) prompt
implementation;
``(bb) timely achievement of
results; and
``(cc) resource leveraging;
and
``(III) the opportunity to improve
interagency, intergovernmental, and
interorganizational coordination and
collaboration to reduce duplication and
streamline efforts.
``(ii) Outreach.--In selecting the best
combination of programs and projects for Great
Lakes protection and restoration under clause (i),
the Administrator shall consult with the Great
Lakes States and Indian tribes and solicit input
from other non-Federal stakeholders.
``(iii) Harmful algal bloom coordinator.--The
Administrator shall designate a point person from
an appropriate Federal partner to coordinate, with
Federal partners and Great Lakes States, Indian
tribes, and other non-Federal stakeholders,
projects and activities under the Initiative
involving harmful algal blooms in the Great
Lakes.'';
(2) in subparagraph (D)--
(A) by striking clause (i) and inserting the
following:
``(i) In general.--Subject to subparagraph
(J)(ii), funds made available to carry out the
Initiative shall be used to strategically
implement--
``(I) Federal projects;
``(II) projects carried out in
coordination with States, Indian tribes,
municipalities, institutions of higher
education, and other organizations; and
``(III) operations and activities of
the Program Office, including
remediation of sediment contamination in
areas of concern.'';
[[Page 130 STAT. 1891]]
(B) in clause (ii)(I), by striking ``(G)(i)'' and
inserting ``(J)(i)''; and
(C) by inserting after clause (ii) the following:
``(iii) Agreements with non-federal
entities.--
``(I) In general.--The
Administrator, or the head of any other
Federal department or agency receiving
funds under clause (ii)(I), may make a
grant to, or otherwise enter into an
agreement with, a qualified non-Federal
entity, as determined by the
Administrator or the applicable head of
the other Federal department or agency
receiving funds, for planning, research,
monitoring, outreach, or implementation
of a project selected under subparagraph
(C), to support the Initiative Action
Plan or the Great Lakes Water Quality
Agreement.
``(II) Qualified non-federal
entity.--For purposes of this clause, a
qualified non-Federal entity may include
a governmental entity, nonprofit
organization, institution, or
individual.''; and
(3) by striking subparagraphs (E) through (G) and inserting
the following:
``(E) Scope.--
``(i) In general.--Projects may be carried out
under the Initiative on multiple levels,
including--
``(I) locally;
``(II) Great Lakes-wide; or
``(III) Great Lakes basin-wide.
``(ii) Limitation.--No funds made available to
carry out the Initiative may be used for any water
infrastructure activity (other than a green
infrastructure project that improves habitat and
other ecosystem functions in the Great Lakes) for
which financial assistance is received--
``(I) from a State water pollution
control revolving fund established under
title VI;
``(II) from a State drinking water
revolving loan fund established under
section 1452 of the Safe Drinking Water
Act (42 U.S.C. 300j-12); or
``(III) pursuant to the Water
Infrastructure Finance and Innovation
Act of 2014 (33 U.S.C. 3901 et seq.).
``(F) Activities by other federal agencies.--Each
relevant Federal department or agency shall, to the
maximum extent practicable--
``(i) maintain the base level of funding for
the Great Lakes activities of that department or
agency without regard to funding under the
Initiative; and
``(ii) identify new activities and projects to
support the environmental goals of the Initiative.
``(G) Revision of initiative action plan.--
``(i) In general.--Not less often than once
every 5 years, the Administrator, in conjunction
with the Great Lakes Interagency Task Force, shall
review, and revise as appropriate, the Initiative
Action Plan to guide the activities of the
Initiative in addressing the restoration and
protection of the Great Lakes system.
[[Page 130 STAT. 1892]]
``(ii) Outreach.--In reviewing and revising
the Initiative Action Plan under clause (i), the
Administrator shall consult with the Great Lakes
States and Indian tribes and solicit input from
other non-Federal stakeholders.
``(H) Monitoring and reporting.--The Administrator
shall--
``(i) establish and maintain a process for
monitoring and periodically reporting to the
public on the progress made in implementing the
Initiative Action Plan;
``(ii) make information about each project
carried out under the Initiative Action Plan
available on a public website; and
``(iii) provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment
and Public Works of the Senate a yearly detailed
description of the progress of the Initiative and
amounts transferred to participating Federal
departments and agencies under subparagraph
(D)(ii).
``(I) Initiative action plan defined.--In this
paragraph, the term `Initiative Action Plan' means the
comprehensive, multiyear action plan for the restoration
of the Great Lakes, first developed pursuant to the
Joint Explanatory Statement of the Conference Report
accompanying the Department of the Interior,
Environment, and Related Agencies Appropriations Act,
2010 (Public Law 111-88).
``(J) Funding.--
``(i) In general.--There is authorized to be
appropriated to carry out this paragraph
$300,000,000 for each of fiscal years 2017 through
2021.
``(ii) Limitation.--Nothing in this paragraph
creates, expands, or amends the authority of the
Administrator to implement programs or projects
under--
``(I) this section;
``(II) the Initiative Action Plan;
or
``(III) the Great Lakes Water
Quality Agreement.''.
SEC. 5006. REHABILITATION OF HIGH HAZARD POTENTIAL DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (11), (12), and (13) as paragraphs (5), (6), (7),
(8), (9), (11), (13), (14), (15), and (16), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Eligible high hazard potential dam.--
``(A) In general.--The term `eligible high hazard
potential dam' means a non-Federal dam that--
``(i) is located in a State with a State dam
safety program;
``(ii) is classified as `high hazard
potential' by the State dam safety agency in the
State in which the dam is located;
``(iii) has an emergency action plan approved
by the relevant State dam safety agency; and
[[Page 130 STAT. 1893]]
``(iv) the State in which the dam is located
determines--
``(I) fails to meet minimum dam
safety standards of the State; and
``(II) poses an unacceptable risk to
the public.
``(B) Exclusion.--The term `eligible high hazard
potential dam' does not include--
``(i) a licensed hydroelectric dam; or
``(ii) a dam built under the authority of the
Secretary of Agriculture.'';
(3) by inserting after paragraph (9) (as redesignated by
paragraph (1) of this subsection) the following:
``(10) Non-federal sponsor.--The term `non-Federal sponsor',
in the case of a project receiving assistance under section 8A,
includes--
``(A) a governmental organization; and
``(B) a nonprofit organization.''; and
(4) by inserting after paragraph (11) (as redesignated by
paragraph (1) of this subsection) the following:
``(12) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that is
carried out to meet applicable State dam safety and security
standards.''.
(b) Program for Rehabilitation of High Hazard Potential Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. <<NOTE: 33 USC 467f-2.>> REHABILITATION OF HIGH HAZARD
POTENTIAL DAMS.
``(a) Establishment of Program.--The Administrator shall establish,
within FEMA, a program to provide technical, planning, design, and
construction assistance in the form of grants to non-Federal sponsors
for rehabilitation of eligible high hazard potential dams.
``(b) Eligible Activities.--A grant awarded under this section for a
project may be used for--
``(1) repair;
``(2) removal; or
``(3) any other structural or nonstructural measures to
rehabilitate an eligible high hazard potential dam.
``(c) Award of Grants.--
``(1) Application.--
``(A) In general.--A non-Federal sponsor interested
in receiving a grant under this section may submit to
the Administrator an application for the grant.
``(B) Requirements.--An application submitted to the
Administrator under this section shall be submitted at
such time, be in such form, and contain such information
as the Administrator may prescribe by regulation.
``(2) Grant.--
``(A) In general.--The Administrator may make a
grant in accordance with this section for rehabilitation
of an eligible high hazard potential dam to a non-
Federal sponsor that submits an application for the
grant in accordance with the regulations prescribed by
the Administrator.
``(B) Project grant agreement.--The Administrator
shall enter into a project grant agreement with the non-
[[Page 130 STAT. 1894]]
Federal sponsor to establish the terms of the grant and
the project, including the amount of the grant.
``(C) Grant assurance.--As part of a project grant
agreement under subparagraph (B), the Administrator
shall require the non-Federal sponsor to provide an
assurance, with respect to the dam to be rehabilitated
under the project, that the owner of the dam has
developed and will carry out a plan for maintenance of
the dam during the expected life of the dam.
``(D) Limitation.--A grant provided under this
section shall not exceed the lesser of--
``(i) 12.5 percent of the total amount of
funds made available to carry out this section; or
``(ii) $7,500,000.
``(d) Requirements.--
``(1) Approval.--A grant awarded under this section for a
project shall be approved by the relevant State dam safety
agency.
``(2) Non-federal sponsor requirements.--To receive a grant
under this section, the non-Federal sponsor shall--
``(A) participate in, and comply with, all
applicable Federal flood insurance programs;
``(B) have in place a hazard mitigation plan that--
``(i) includes all dam risks; and
``(ii) complies with the Disaster Mitigation
Act of 2000 (Public Law 106-390; 114 Stat. 1552);
``(C) commit to provide operation and maintenance of
the project for the 50-year period following completion
of rehabilitation;
``(D) comply with such minimum eligibility
requirements as the Administrator may establish to
ensure that each owner and operator of a dam under a
participating State dam safety program and that receives
assistance under this section--
``(i) acts in accordance with the State dam
safety program; and
``(ii) carries out activities relating to the
public in the area around the dam in accordance
with the hazard mitigation plan described in
subparagraph (B); and
``(E) comply with section 611(j)(9) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5196(j)(9)) (as in effect on the date of
enactment of this section) with respect to projects
receiving assistance under this section in the same
manner as recipients are required to comply in order to
receive financial contributions from the Administrator
for emergency preparedness purposes.
``(e) Floodplain Management Plans.--
``(1) In general.--As a condition of receipt of assistance
under this section, the non-Federal sponsor shall demonstrate
that a floodplain management plan to reduce the impacts of
future flood events in the area protected by the project--
``(A) is in place; or
``(B) will be--
[[Page 130 STAT. 1895]]
``(i) developed not later than 1 year after
the date of execution of a project agreement for
assistance under this section; and
``(ii) implemented not later than 1 year after
the date of completion of construction of the
project.
``(2) Inclusions.--A plan under paragraph (1) shall
address--
``(A) potential measures, practices, and policies to
reduce loss of life, injuries, damage to property and
facilities, public expenditures, and other adverse
impacts of flooding in the area protected by the
project;
``(B) plans for flood fighting and evacuation; and
``(C) public education and awareness of flood risks.
``(3) Technical support.--The Administrator may provide
technical support for the development and implementation of
floodplain management plans prepared under this subsection.
``(f) Priority System.--The Administrator, in consultation with the
Board, shall develop a risk-based priority system for use in identifying
eligible high hazard potential dams for which grants may be made under
this section.
``(g) Funding.--
``(1) Cost sharing.--
``(A) In general.--Any assistance provided under
this section for a project shall be subject to a non-
Federal cost-sharing requirement of not less than 35
percent.
``(B) In-kind contributions.--The non-Federal share
under subparagraph (A) may be provided in the form of
in-kind contributions.
``(2) Allocation of funds.--The total amount of funds made
available to carry out this section for each fiscal year shall
be distributed as follows:
``(A) Equal distribution.--\1/3\ shall be
distributed equally among the States in which the
projects for which applications are submitted under
subsection (c)(1) are located.
``(B) Need-based.--\2/3\ shall be distributed among
the States in which the projects for which applications
are submitted under subsection (c)(1) are located based
on the proportion that--
``(i) the number of eligible high hazard
potential dams in the State; bears to
``(ii) the number of eligible high hazard
potential dams in all such States.
``(h) Use of Funds.--None of the funds provided in the form of a
grant or otherwise made available under this section shall be used--
``(1) to rehabilitate a Federal dam;
``(2) to perform routine operation or maintenance of a dam;
``(3) to modify a dam to produce hydroelectric power;
``(4) to increase water supply storage capacity; or
``(5) to make any other modification to a dam that does not
also improve the safety of the dam.
``(i) Contractual Requirements.--
``(1) In general.--Subject to paragraph (2), as a condition
on the receipt of a grant under this section of an amount
greater than $1,000,000, a non-Federal sponsor that receives the
grant shall require that each contract and subcontract
[[Page 130 STAT. 1896]]
for program management, construction management, planning
studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying,
mapping, and related services entered into using funds from the
grant be awarded in the same manner as a contract for
architectural and engineering services is awarded under--
``(A) chapter 11 of title 40, United States Code; or
``(B) an equivalent qualifications-based requirement
prescribed by the relevant State.
``(2) No proprietary interest.--A contract awarded in
accordance with paragraph (1) shall not be considered to confer
a proprietary interest upon the United States.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $10,000,000 for fiscal years 2017 and 2018;
``(2) $25,000,000 for fiscal year 2019;
``(3) $40,000,000 for fiscal year 2020; and
``(4) $60,000,000 for each of fiscal years 2021 through
2026.''.
(c) <<NOTE: 33 USC 467f-2 note.>> Rulemaking.--
(1) Proposed rulemaking.--Not later than 90 days after the
date of enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall issue a notice of proposed
rulemaking regarding applications for grants of assistance under
the amendments made by subsection (b) to the National Dam Safety
Program Act (33 U.S.C. 467 et seq.).
(2) Final rule.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall promulgate a final rule
regarding the amendments described in paragraph (1).
SEC. 5007. CHESAPEAKE BAY GRASS SURVEY.
Section 117(i) of the Federal Water Pollution Control Act (33 U.S.C.
1267(i)) is amended by adding at the end the following:
``(3) Annual survey.--The Administrator shall carry out an
annual survey of sea grasses in the Chesapeake Bay.''.
SEC. 5008. WATER INFRASTRUCTURE FINANCE AND INNOVATION.
(a) Authority To Provide Assistance.--Section 5023(b)(2) of the
Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C.
3902(b)(2)) is amended by striking ``carry out'' and inserting ``provide
financial assistance to carry out''.
(b) Projects Eligible for Assistance.--
(1) In general.--Section 5026 of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3905) is amended--
(A) in paragraph (6)--
(i) by striking ``desalination project'' and
inserting ``desalination project, including
chloride control''; and
(ii) by striking ``or a water recycling
project'' and inserting ``a water recycling
project, or a project to provide alternative water
supplies to reduce aquifer depletion'';
(B) by redesignating paragraphs (7), (8), and (9) as
paragraphs (8), (9), and (10), respectively;
(C) by inserting after paragraph (6) the following:
[[Page 130 STAT. 1897]]
``(7) A project to prevent, reduce, or mitigate the effects
of drought, including projects that enhance the resilience of
drought-stricken watersheds.''; and
(D) in paragraph (10) (as redesignated by
subparagraph (B)), by striking ``or (7)'' and inserting
``(7), or (8)''.
(2) Conforming amendments.--
(A) Section 5023(b) of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3902(b))
is amended--
(i) in paragraph (2) by striking ``and (8)''
and inserting ``(7), and (9)''; and
(ii) in paragraph (3) by striking ``paragraph
(7) or (9)'' and inserting ``paragraph (8) or
(10)''.
(B) Section 5024(b) of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3903(b))
is amended by striking ``paragraph (8) or (9)'' and
inserting ``paragraph (9) or (10)''.
(C) Section 5027(3) of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3906(3))
is amended by striking ``section 5026(7)'' and inserting
``section 5026(8)''.
(D) Section 5028 of the Water Infrastructure Finance
and Innovation Act of 2014 (33 U.S.C. 3907) is amended--
(i) in subsection (a)(1)(E)--
(I) by striking ``section 5026(9)''
and inserting ``section 5026(10)''; and
(II) by striking ``section 5026(8)''
and inserting ``section 5026(9)''; and
(ii) in subsection (b)(3) by striking
``section 5026(8)'' and inserting ``section
5026(9)''.
(c) Terms and Conditions.--Section 5029(b) of the Water
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3908(b)) is
amended--
(1) in paragraph (7)--
(A) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), the Secretary''; and
(B) by adding at the end the following:
``(B) Financing fees.--On request of an eligible
entity, the Secretary or the Administrator, as
applicable, shall allow the fees under subparagraph (A)
to be financed as part of the loan.''; and
(2) by adding at the end the following:
``(10) Credit.--Any eligible project costs incurred and the
value of any integral in-kind contributions made before receipt
of assistance under this subtitle shall be credited toward the
51 percent of project costs to be provided by sources of funding
other than a secured loan under this subtitle (as described in
paragraph (2)(A)).''.
(d) Sense of Congress.--It is the sense of Congress that--
(1) appropriations made available to carry out the Water
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C.
3901 et seq.) should be in addition to robust funding for the
State water pollution control revolving funds established under
title VI of the Federal Water Pollution Control Act (33 U.S.C.
1381 et seq.) and State drinking water treatment revolving
[[Page 130 STAT. 1898]]
loan funds established under section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12); and
(2) the appropriations made available for the funds referred
to in paragraph (1) should not decrease for any fiscal year.
SEC. 5009. REPORT ON GROUNDWATER CONTAMINATION.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, and annually thereafter for the next 4 years, the Secretary
of the Navy shall submit a report to Congress on the groundwater
contamination from the site that includes--
(1) a description of the status of the groundwater
contaminants that are leaving the site and migrating to a
location within a 10-mile radius of the site, including--
(A) detailed mapping of the movement of the plume
over time; and
(B) projected migration rates of the plume;
(2) an analysis of the current and future impact of the
movement of the plume on drinking water facilities; and
(3) a comprehensive strategy to prevent the groundwater
contaminants from the site from contaminating drinking water
wells that, as of the date of the submission of the report, have
not been affected by the migration of the plume.
(b) Definitions.--In this section, the following definitions apply:
(1) Comprehensive strategy.--The term ``comprehensive
strategy'' means a plan for--
(A) the remediation of the plume under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
(B) corrective action under the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.).
(2) Groundwater.--The term ``groundwater'' means water in a
saturated zone or stratum beneath the surface of land or water.
(3) Plume.--The term ``plume'' means any hazardous waste (as
defined in section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903)) or hazardous substance (as defined in section 101
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601)) found in the groundwater
supply.
(4) Site.--The term ``site'' means the site located at 830
South Oyster Bay Road, Bethpage, New York, 11714 (Environmental
Protection Agency identification number NYD002047967).
SEC. 5010. COLUMBIA RIVER BASIN RESTORATION.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 123. <<NOTE: 33 USC 1275.>> COLUMBIA RIVER BASIN
RESTORATION.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Columbia river basin.--The term `Columbia River Basin'
means the entire United States portion of the Columbia River
watershed.
``(2) Estuary partnership.--The term `Estuary Partnership'
means the Lower Columbia Estuary Partnership, an entity
[[Page 130 STAT. 1899]]
created by the States of Oregon and Washington and the
Environmental Protection Agency under section 320.
``(3) Estuary plan.--
``(A) In general.--The term `Estuary Plan' means the
Estuary Partnership Comprehensive Conservation and
Management Plan adopted by the Environmental Protection
Agency and the Governors of Oregon and Washington on
October 20, 1999, under section 320.
``(B) Inclusion.--The term `Estuary Plan' includes
any amendments to the plan.
``(4) Lower columbia river estuary.--The term `Lower
Columbia River Estuary' means the mainstem Columbia River from
the Bonneville Dam to the Pacific Ocean and tidally influenced
portions of tributaries to the Columbia River in that region.
``(5) Middle and upper columbia river basin.--The term
`Middle and Upper Columbia River Basin' means the region
consisting of the United States portion of the Columbia River
Basin above Bonneville Dam.
``(6) Program.--The term `Program' means the Columbia River
Basin Restoration Program established under subsection
(b)(1)(A).
``(b) Columbia River Basin Restoration Program.--
``(1) Establishment.--
``(A) In general.--The Administrator shall establish
within the Environmental Protection Agency a Columbia
River Basin Restoration Program.
``(B) Effect.--
``(i) The establishment of the Program does
not modify any legal or regulatory authority or
program in effect as of the date of enactment of
this section, including the roles of Federal
agencies in the Columbia River Basin.
``(ii) This section does not create any new
regulatory authority.
``(2) Scope of program.--The Program shall consist of a
collaborative stakeholder-based program for environmental
protection and restoration activities throughout the Columbia
River Basin.
``(3) Duties.--The Administrator shall--
``(A) assess trends in water quality, including
trends that affect uses of the water of the Columbia
River Basin;
``(B) collect, characterize, and assess data on
water quality to identify possible causes of
environmental problems; and
``(C) provide grants in accordance with subsection
(d) for projects that assist in--
``(i) eliminating or reducing pollution;
``(ii) cleaning up contaminated sites;
``(iii) improving water quality;
``(iv) monitoring to evaluate trends;
``(v) reducing runoff;
``(vi) protecting habitat; or
``(vii) promoting citizen engagement or
knowledge.
``(c) Stakeholder Working Group.--
[[Page 130 STAT. 1900]]
``(1) Establishment.--The Administrator shall establish a
Columbia River Basin Restoration Working Group (referred to in
this subsection as the `Working Group').
``(2) Membership.--
``(A) In general.--Membership in the Working Group
shall be on a voluntary basis and any person invited by
the Administrator under this subsection may decline
membership.
``(B) Invited representatives.--The Administrator
shall invite, at a minimum, representatives of--
``(i) each State located in whole or in part
in the Columbia River Basin;
``(ii) the Governors of each State located in
whole or in part in the Columbia River Basin;
``(iii) each federally recognized Indian tribe
in the Columbia River Basin;
``(iv) local governments in the Columbia River
Basin;
``(v) industries operating in the Columbia
River Basin that affect or could affect water
quality;
``(vi) electric, water, and wastewater
utilities operating in the Columba River Basin;
``(vii) private landowners in the Columbia
River Basin;
``(viii) soil and water conservation districts
in the Columbia River Basin;
``(ix) nongovernmental organizations that have
a presence in the Columbia River Basin;
``(x) the general public in the Columbia River
Basin; and
``(xi) the Estuary Partnership.
``(3) Geographic representation.--The Working Group shall
include representatives from--
``(A) each State located in whole or in part in the
Columbia River Basin; and
``(B) each of the lower, middle, and upper basins of
the Columbia River.
``(4) Duties and responsibilities.--The Working Group
shall--
``(A) recommend and prioritize projects and actions;
and
``(B) review the progress and effectiveness of
projects and actions implemented.
``(5) Lower columbia river estuary.--
``(A) Estuary partnership.--The Estuary Partnership
shall perform the duties and fulfill the
responsibilities of the Working Group described in
paragraph (4) as those duties and responsibilities
relate to the Lower Columbia River Estuary for such time
as the Estuary Partnership is the management conference
for the Lower Columbia River National Estuary Program
under section 320.
``(B) Designation.--If the Estuary Partnership
ceases to be the management conference for the Lower
Columbia River National Estuary Program under section
320, the Administrator may designate the new management
conference to assume the duties and responsibilities of
the Working Group described in paragraph (4) as those
duties
[[Page 130 STAT. 1901]]
and responsibilities relate to the Lower Columbia River
Estuary.
``(C) Incorporation.--If the Estuary Partnership is
removed from the National Estuary Program, the duties
and responsibilities for the lower 146 miles of the
Columbia River pursuant to this section shall be
incorporated into the duties of the Working Group.
``(d) Grants.--
``(1) In general.--The Administrator shall establish a
voluntary, competitive Columbia River Basin program to provide
grants to State governments, tribal governments, regional water
pollution control agencies and entities, local government
entities, nongovernmental entities, or soil and water
conservation districts to develop or implement projects
authorized under this section for the purpose of environmental
protection and restoration activities throughout the Columbia
River Basin.
``(2) Federal share.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal share of the cost of any
project or activity carried out using funds from a grant
provided to any person (including a State, tribal, or
local government or interstate or regional agency) under
this subsection for a fiscal year--
``(i) shall not exceed 75 percent of the total
cost of the project or activity; and
``(ii) shall be made on condition that the
non-Federal share of such total cost shall be
provided from non-Federal sources.
``(B) Exceptions.--With respect to cost-sharing for
a grant provided under this subsection--
``(i) a tribal government may use Federal
funds for the non-Federal share; and
``(ii) the Administrator may increase the
Federal share under such circumstances as the
Administrator determines to be appropriate.
``(3) Allocation.--In making grants using funds appropriated
to carry out this section, the Administrator shall--
``(A) provide not less than 25 percent of the funds
to make grants for projects, programs, and studies in
the Lower Columbia River Estuary;
``(B) provide not less than 25 percent of the funds
to make grants for projects, programs, and studies in
the Middle and Upper Columbia River Basin, including the
Snake River Basin; and
``(C) retain not more than 5 percent of the funds
for the Environmental Protection Agency for purposes of
implementing this section.
``(4) Reporting.--
``(A) In general.--Each grant recipient under this
subsection shall submit to the Administrator reports on
progress being made in achieving the purposes of this
section.
``(B) Requirements.--The Administrator shall
establish requirements and timelines for recipients of
grants under this subsection to report on progress made
in achieving the purposes of this section.
``(5) Relationship to other funding.--
[[Page 130 STAT. 1902]]
``(A) In general.--Nothing in this subsection limits
the eligibility of the Estuary Partnership to receive
funding under section 320(g).
``(B) Limitation.--None of the funds made available
under this subsection may be used for the administration
of a management conference under section 320.
``(e) Annual Budget Plan.--The President, as part of the annual
budget submission of the President to Congress under section 1105(a) of
title 31, United States Code, shall submit information regarding each
Federal agency involved in protection and restoration of the Columbia
River Basin, including an interagency crosscut budget that displays for
each Federal agency--
``(1) the amounts obligated for the preceding fiscal year
for protection and restoration projects, programs, and studies
relating to the Columbia River Basin;
``(2) the estimated budget for the current fiscal year for
protection and restoration projects, programs, and studies
relating to the Columbia River Basin; and
``(3) the proposed budget for protection and restoration
projects, programs, and studies relating to the Columbia River
Basin.''.
SEC. 5011. REGULATION OF ABOVEGROUND STORAGE AT FARMS.
Section 1049(c) of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 1361 note; Public Law 113-121) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and indenting appropriately;
(2) by striking the subsection designation and heading and
all that follows through ``subsection (b),'' and inserting the
following:
``(c) Regulation of Aboveground Storage at Farms.--
``(1) Calculation of aggregate aboveground storage
capacity.--For purposes of subsection (b),''; and
(3) by adding at the end the following:
``(2) Certain farm containers.--Part 112 of title 40, Code
of Federal Regulations (or successor regulations), shall not
apply to the following containers located at a farm:
``(A) Containers on a separate parcel that have--
``(i) an individual capacity of not greater
than 1,000 gallons; and
``(ii) an aggregate capacity of not greater
than 2,500 gallons.
``(B) A container holding animal feed ingredients
approved for use in livestock feed by the Food and Drug
Administration.''.
SEC. 5012. IRRIGATION DISTRICTS.
Section 603(i)(1) of the Federal Water Pollution Control Act (33
U.S.C. 1383) is amended--
(1) in the matter preceding subparagraph (A) by striking
``to a municipality or intermunicipal, interstate, or State
agency'' and inserting ``to an eligible recipient''; and
(2) in subparagraph (A), in the matter preceding clause (i),
by inserting ``in assistance to a municipality or
intermunicipal, interstate, or State agency'' before ``to
benefit''.
[[Page 130 STAT. 1903]]
SEC. 5013. ESTUARY RESTORATION.
(a) Participation of Non-Federal Interests.--Section 104(f) of the
Estuary Restoration Act of 2000 (33 U.S.C. 2903(f)) is amended by adding
at the end the following:
``(3) Project agreements.--For a project carried out under
this title, the requirements of section 103(j)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(j)(1)) may be
fulfilled by a nongovernmental organization serving as the non-
Federal interest for the project pursuant to paragraph (2).''.
(b) Extension.--Section 109(a) of the Estuary Restoration Act of
2000 (33 U.S.C. 2908(a)) is amended by striking ``2012'' each place it
appears and inserting ``2021''.
SEC. 5014. ENVIRONMENTAL BANKS.
The Coastal Wetlands Planning, Protection and Restoration Act
(Public Law 101-646; 16 U.S.C. 3951 et seq.) is amended by adding at the
end the following:
``SEC. 309. <<NOTE: 16 USC 3957.>> ENVIRONMENTAL BANKS.
``(a) Guidelines.--Not later than 1 year after the date of enactment
of the Water Resources Development Act of 2016, the Task Force shall,
after public notice and opportunity for comment, issue guidelines for
the use, maintenance, and oversight of environmental banks in Louisiana.
``(b) Requirements.--The guidelines issued pursuant to subsection
(a) shall--
``(1) set forth procedures for establishment and approval of
environmental banks subject to the approval of the heads of the
appropriate Federal agencies responsible for implementation of
Federal environmental laws for which mitigation credits may be
used;
``(2) establish criteria for siting of environmental banks
that enhance the resilience of coastal resources to inundation
and coastal erosion in high priority areas, as identified within
Federal or State restoration plans, including the restoration of
resources within the scope of a project authorized for
construction;
``(3) establish criteria that ensure environmental banks
secure adequate financial assurances and legally enforceable
protection for the land or resources that generate the credits
from environmental banks;
``(4) stipulate that credits from environmental banks may
not be used for mitigation of impacts required under section 404
of the Federal Water Pollution Control Act (33 U.S.C. 1342) or
the Endangered Species Act (16 U.S.C. 1531 et seq.) in an area
where an existing mitigation bank approved pursuant to such laws
within 5 years of enactment of the Water Resources Development
Act of 2016 has credits available;
``(5) establish performance criteria for environmental
banks; and
``(6) establish criteria and financial assurance for the
operation and monitoring of environmental banks.
``(c) Environmental Bank.--
``(1) Definition of environmental bank.--In this section,
the term `environmental bank' means a project, project
increment, or projects for purposes of restoring, creating, or
[[Page 130 STAT. 1904]]
enhancing natural resources at a designated site to establish
mitigation credits.
``(2) Credits.--Mitigation credits created from
environmental banks approved pursuant to this section may be
used to satisfy existing liability under Federal environmental
laws.
``(d) Savings Clause.--
``(1) Application of federal law.--Guidelines developed
under this section and mitigation carried out through an
environmental bank established pursuant to such guidelines shall
comply with all applicable requirements of Federal law
(including regulations), including--
``(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
``(B) the Endangered Species Act (16 U.S.C. 1531 et
seq.);
``(C) the Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.);
``(D) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
``(E) section 906 of the Water Resources Development
Act of 1986 (33 U.S.C. 2283).
``(2) Statutory construction.--Nothing in this section may
be construed to affect--
``(A) any authority, regulatory determination, or
legal obligation in effect the day before the date of
enactment of the Water Resources Development Act of
2016; or
``(B) the obligations or requirements of any Federal
environmental law.
``(e) Sunset.--No new environmental bank may be created or approved
pursuant to this section after the date that is 10 years after the date
of enactment of this section.''.
Approved December 16, 2016.
LEGISLATIVE HISTORY--S. 612:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD:
Vol. 161 (2015):
May 21, considered and passed
Senate.
Vol. 162 (2016):
Dec. 8, considered and passed House,
amended. Senate considered
concurring in House amendment.
Dec. 9, Senate concurred in House
amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016):
Dec. 16, Presidential statement.
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